Opinion
May 10, 1994
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
Despite the court's finding that the wife, a 38-year old vice-president of a major bank, "earns $73,848 per year plus perquisites", whereas the husband, a 46-year old building superintendent, "earns approximately $27,804 per year plus perquisites which may increase his earnings to as much as $57,426", we perceive no abuse of discretion in what was, in effect, an award of temporary maintenance to the wife of $400 a month, in view of the discord between the parties making the wife's return to the marital apartment impractical and her consequent need to establish a new residence, and the fact that a rent free apartment is a perquisite of the husband's job. We note once again, that these issues are best resolved by a speedy trial.
Concur — Rosenberger, J.P., Kupferman, Asch, Nardelli and Williams, JJ.