Opinion
March 20, 1952.
Appeal from Supreme Court.
The action is one by the wife for absolute divorce. The issue of adultery is not contested by the defendant as stated by his counsel on the argument in this court. The only question to be litigated on the trial is the financial worth of the defendant in order to ascertain the amount of permanent alimony to be fixed. This issue, however, appears from the record before us to be intricate, involved and difficult. We think that temporary alimony at the rate of $750 per month retroactive to October 26, 1951, is adequate and that the amount of counsel fees should be reduced to the sum of $15,000. Order appealed from modified, on the law and facts, by reducing the temporary alimony to $750 per month and the counsel fee to $15,000 and as so modified, affirmed, without costs, and without prejudice to an application by plaintiff to the trial court to increase the counsel fees if plaintiff be advised to make such an application. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur. [See post, pp. 967, 1121.]