Opinion
2611N.
Decided December 30, 2003.
Order, Supreme Court, New York County (Laura Visitacion-Lewis, J.), entered March 6, 2003, which, to the extent appealed from as limited by the briefs, directed defendant to pay $11,000 per month in pendente lite spousal maintenance, unanimously affirmed, without costs.
Susan L. Bender, for Plaintiff-Respondent.
Gordon H. Marsh, for Defendant-Appellant.
Before: Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.
The predominant consideration of the court in determining an award of temporary spousal maintenance is the financial need of the party making the application, with the parties' income and assets to be taken into account ( Ritter v. Ritter, 135 A.D.2d 421, 422). As is often the case, the temporary award is based on conflicting affidavits, offering differing versions of the parties' finances and the standard of living they enjoyed during the marriage. Plaintiff amply demonstrated genuine need, despite defendant's allegations that she has sufficient liquid assets to meet her monthly expenses. Furthermore, defendant does not indicate that the temporary award has created any difficulty in meeting his own financial obligations ( see Grant v. Grant, 299 A.D.2d 521, 522).
We have considered defendant's remaining contentions and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.