Opinion
November 27, 1961
In an action by plaintiff wife for separation, the defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated August 15, 1961, as awards the wife alimony pendente lite of $100 a week, grants plaintiff the exclusive occupancy of the house owned jointly by the parties, and directs the husband to pay the maintenance and carrying charges on the house, including the mortgage interest and amortization, the taxes and the cost of utilities. Order insofar as appealed from affirmed, with $10 costs and disbursements. On this record, there is no showing of abuse of discretion by Special Term. As stated in Leonard v. Leonard ( 1 A.D.2d 981): "The best protection for a husband in such a case as this is to seek a speedy trial in which the facts can be fully developed. An award of temporary alimony, based on conflicting affidavits, should have no effect upon the Trial Judge in his determination as to whether permanent alimony should be awarded and the amount thereof, if awarded." Nolan, P.J., Beldock, Christ, Pette and Brennan, JJ., concur.