Opinion
May 21, 1996
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
The award of attorneys' fees was proper because it primarily compensated plaintiff for delays in the trial caused by defendant, the penalizing component, if any, being secondary ( Davis v. Davis, 128 A.D.2d 470, 479-480; cf., Eldridge v Eldridge, 141 A.D.2d 371). The evidence adduced at trial was clearly sufficient to establish constructive abandonment and cruel and inhuman treatment, and the verdict was not against the weight of the evidence. The court did not improperly proceed with the trial in defendant's absence, the record showing that defendant, who appeared pro se, had notice that the trial would proceed but chose not to attend. We have considered defendant's remaining arguments, including that the Trial Justice was biased, and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger, Rubin and Nardelli, JJ.