Opinion
July 7, 1955.
Appeal from Supreme Court, Sullivan County.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
"Affidavits are not the most satisfactory forms for determining disputed questions of fact, and frequently are not altogether satisfactory on motions for temporary alimony. The interim nature of temporary alimony, however, justifies making such allowance on the basis of affidavits and avoiding a preliminary trial of the question of alimony which must be disposed of at the trial of the action if the plaintiff is successful on the merits." ( Bleiman v. Bleiman, 272 App. Div. 760; see, also, Tee v. Tee Ka Chay, 277 App. Div. 782.) We do not view the order as unjustified or the refusal of Special Term to grant a hearing as error. A trial of the action will allow a full disclosure of the financial situation of both parties and should be had without undue delay. In the meantime, if the respective conditions of the parties have changed since the granting of the order appealed from, the defendant may seek a modification of the order at Special Term. (Civ. Prac. Act, § 1169.) Order unanimously affirmed, without costs.