Opinion
May 6, 1971
Judgment, Supreme Court, New York County, entered June 19, 1970, unanimously modified on the law and the facts to provide that the plaintiff shall pay to the defendant the sum of $55 per week for the support and maintenance of the issue of the marriage, commencing as of May 11, 1970, and to provide that the plaintiff shall pay to the attorneys for the defendant the sum of $500 for defendant's counsel fees herein, and otherwise affirmed, without costs and without disbursements. The awards, as specified in the judgment rendered at trial term, were excessive and we conclude that the needs of the child, the standard of living of the parties and their circumstances, as disclosed by the record, support and warrant the awards in the reduced amounts as hereby fixed. Furthermore, the award for child support and maintenance should have been directed to commence as of the last day of the trial rather than on November 15, 1969. Except as to counsel fees, there can be no restitution or recoupment of any sums paid in excess of the sums fixed by this decision from May 11, 1970 to the date of this decision. (See Baker v. Baker, 17 A.D.2d 924.)
Concur — McGivern, J.P., Nunez, McNally, Steuer and Eager, JJ.