Opinion
November 15, 1994
Appeal from the Supreme Court, New York County (David B. Saxe, J.).
This is a bitterly contested divorce, terminating a 35-year marriage. Defendant now resides in California, although there are marital residences in Manhattan, Westhampton Beach, and West Palm Beach, Florida. The IAS Court ordered defendant to pay for certain unitemized expenses, including property mortgage and maintenance charges, real estate taxes, almost all utilities, maintenance and repair on a 1990 Mercedes automobile, insurance (property and auto liability, life and medical/dental), and all unreimbursed non-elective medical/dental/optical/pharmaceutical expenses. In addition, the court made a pendente lite cash award of $2,500 per week, which was less than the $12,750 per month requested by plaintiff.
The interim award is consonant with the level of plaintiff's lifestyle in the years prior to the breakup of the marriage (Tregellas v. Tregellas, 169 A.D.2d 553). The appropriate remedy for defendant's grievance with regard to that temporary award, especially in such a complex contest, is a prompt trial (Sayer v Sayer, 130 A.D.2d 407).
Concur — Carro, J.P., Wallach, Kupferman, Ross and Williams, JJ.