Opinion
December 2, 1985
Appeal from the Supreme Court, Suffolk County (Geiler, J.).
Order dated May 14, 1985 modified, as a matter of discretion, by reducing the temporary maintenance to $150 per week and deleting the provision awarding plaintiff exclusive use of the Mercedes automobile. As so modified, order affirmed, insofar as appealed from, without costs or disbursements.
Judgment entered August 7, 1985 affirmed, without costs or disbursements.
The standard applied to applications for pendente lite relief is whether the moving party is in genuine need of support in order to live in a reasonable fashion while the case is pending (see, Jorgensen v Jorgensen, 86 A.D.2d 861). This is no less so where, as here, there is an antenuptial agreement which makes no provision for maintenance (cf. Scheinkman, Practice Commentaries, McKinney's Cons Laws of NY, Book 14, 1977-1984 Supp Pamph, Domestic Relations Law C236B:18, p. 209). An examination of the record in this matter and the admitted income and liabilities of the parties leads us, in the exercise of our discretion, to conclude that the award of temporary maintenance made by Special Term is excessive and that the amount of $150 per week is more appropriate. This determination is, of course, to have no bearing on the ultimate determination of the rights of the parties. We also conclude that plaintiff has no need of the Mercedes automobile, since she does not deny having use of defendant's Omni. We modify the order accordingly. O'Connor, J.P., Weinstein, Niehoff and Eiber, JJ., concur.