Opinion
May 14, 1991
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
As a general rule, pendente lite awards of exclusive use and occupancy of a marital residence should not be granted without a hearing, except upon persuasive evidence that such an award is necessary to protect the safety of persons and property. (Delli Venneri v Delli Venneri, 120 A.D.2d 238, 240.) As plaintiff's uncorroborated affidavit is challenged by defendant's submissions, a hearing is necessary to determine credibility and to adequately evaluate the presence or absence of additional factors which would support such an award.
In light of the vast disparity in the parties' incomes and financial resources, and in view of their previous lifestyle, the IAS court properly declined to compute the amount of child support pursuant to Domestic Relations Law § 240 (1-b) (see, Domestic Relations Law § 240 [1-b] [f]; Rizzo v Rizzo, 163 A.D.2d 15).
We find no evidence in the record to support defendant's claims with respect to plaintiff's purported additional income or enhanced capacity to earn a livelihood. Defendant's remaining arguments are without merit.
Concur — Carro, J.P., Rosenberger, Ross and Smith, JJ.