Opinion
November 30, 1993
Appeal from the Supreme Court, New York County (Jacqueline Silbermann, J.).
The proper remedy for a pendente lite award claimed to be unfair is an expeditious trial (Goz v Goz, 162 A.D.2d 149, 150). Here, there are substantial assets in the marital estate which are available to satisfy any possible inequities in the interim award.
However, an award of interim counsel fees is made giving due consideration to the disparate financial circumstances of the parties (Hills v Hills, 182 A.D.2d 584), and, here, where it appears that the financial circumstances of the parties are comparable, the parties were married for six years and have no children, and that plaintiff has sufficient funds to pay counsel fees, an award of interim counsel fees is unwarranted. Of course, if plaintiff at some point has insufficient funds to pay counsel fees, she may then seek relief from the trial court.
Concur — Carro, J.P., Rosenberger, Kassal and Rubin, JJ.