Opinion
June 5, 1995
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the order entered March 10, 1994, is modified, on the law and as a matter of discretion, by reducing the pendente lite award of rent and homeowner's insurance to $100 per month; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Notwithstanding the fact that a speedy trial is ordinarily the proper way to rectify inequities in orders awarding pendente lite relief, such orders may be modified on appeal when the interest of justice warrants it (Androvett v. Androvett, 172 A.D.2d 792). Upon our review of the record, we find that the financial obligations imposed upon the husband by the Supreme Court do not leave him with adequate resources from which to pay his actual, reasonable living expenses (see, Hirschman v. Hirschman, 156 A.D.2d 644; Wesler v. Wesler, 133 A.D.2d 627). Accordingly, the circumstances of this case warrant a reduction of the husband's obligation to pay the wife's rent and homeowner's insurance to $100 per month.
The Supreme Court properly awarded the wife temporary, exclusive possession of the marital apartment. The husband failed to deny the wife's allegations of violence and cruelty or otherwise to create a triable question regarding possession of the apartment (see, Harrilal v. Harrilal, 128 A.D.2d 502).
Finally, in view of the facts and circumstances of this case, including the financial circumstances of the parties, we find that the award of interim counsel fees was a proper exercise of the Supreme Court's discretion (see, Domestic Relations Law § 237 [a]; Cole v. Cole, 182 A.D.2d 738). Rosenblatt, J.P., Ritter, Copertino and Santucci, JJ., concur.