Opinion
August 11, 1994
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
We agree with the IAS Court that in this action for divorce, maintenance and equitable distribution, the claimed inequities in a temporary maintenance order that defendant asserts are due to changed circumstances should be resolved by a prompt trial (Jose R.D. v. Elisabeth R.D., 197 A.D.2d 457). Plaintiff's alleged possession of sufficient funds to pay a portion of her outstanding attorneys' fees did not preclude the award of interim counsel fees, the court's exercise of discretion in this respect not being dependent upon a showing of indigency (Link v. Link, 200 A.D.2d 382), and the court properly severed plaintiff's application for attorneys' fees for a final determination after trial. The sanction imposed on defendant's attorney was appropriate in view of his repetitive and vexatious motion practice, apparently engaged in for the purpose of harassing plaintiff, her counsel and family, and delaying the proceedings (see, Corto v. Lefrak, 203 A.D.2d 94).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Asch and Nardelli, JJ.