Opinion
March 26, 1990
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order entered August 24, 1989, as amended September 8, 1989, is affirmed insofar as appealed from, with costs.
Initially, we note that the defendant's first counterclaim for a divorce on the ground of cruel and inhuman treatment was properly pleaded. Not only were dates of each of the 18 separate acts alleged, but the acts complained of were of sufficient specificity so as to apprise the plaintiff of the nature of the allegations being asserted against her (see, Kapchan v Kapchan, 104 A.D.2d 358; Pfeil v Pfeil, 100 A.D.2d 725). Further, in light of the situation wherein both feuding parents reside together in the marital residence, we conclude that the visitation schedule which accommodated the plaintiff's desire to breastfeed the child and the defendant's need to spend time alone with the infant without the stress which appears to be rampant when the parties are together, was proper.
Addressing the claims relative to the award of pendente lite maintenance and child support, the record reveals that the parties have similar earning capacities. Both are in their mid-30's, and the plaintiff admits that she will earn at least $40,000 as a school librarian. The defendant is a wholesale liquor salesman with a high school diploma and his income appears to fluctuate between $52,000 and $56,000 per year. In light of the parties' ages, their earning capabilities and the brief duration of the marriage, we find that the court's pendente lite award of child support and maintenance was proper.
We have examined the plaintiff's remaining contentions and find them to be without merit. Sullivan, J.P., Harwood, Balletta and Miller, JJ., concur.