Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
In light of the husband's admission that due to marital strife, he voluntarily vacated the marital residence shortly after signing a one-year sublease for an apartment, and the unrebutted expert evidence concerning the impact of the domestic strife on the wife prior to the husband's departure and the potential harm to the wife and children if the husband returned, the motion court erred in not granting the wife's cross motion for exclusive occupancy of the marital residence and in granting the husband's motion for complete access thereto ( see, Annexstein v. Annexstein, 202 A.D.2d 1062; Lawson v. Lawson, 194 A.D.2d 389; Kristiansen v. Kristiansen, 144 A.D.2d 441). The awards of temporary maintenance, temporary child support and interim counsel fees constitute a reasonable balancing of the parties' financial needs and wherewithal and of the other factors set forth in Domestic Relations Law § 236 (B) (6).
Concur — Wallach, J.P., Rubin, Williams, Tom and Andrias, JJ.