Opinion
September 27, 1955.
It is impossible to make any reliable estimate of the financial resources or the income of either party to this action for separation from the papers submitted on this motion for temporary alimony and counsel fee. Since the case has been set down for immediate trial and since plaintiff has sources of income adequate for her support pending trial, the issues raised by this motion should properly await trial. "These disputed facts can be resolved more truly and efficiently upon trial than upon motion papers; and the trial court has ample power to make its decision with due regard to rights of the parties that might arise in the interval between the commencement of the action and the trial". ( Schubert v. Schubert, 284 App. Div. 887.) Accordingly, in the proper exercise of discretion, the order granting plaintiff's motion for alimony and counsel fee is unanimously modified to the extent of striking the provisions for temporary alimony and counsel fee therefrom, and otherwise affirmed. Settle order on notice.
Concur — Peck, P.J., Cohn, Breitel, Botein and Rabin, JJ.