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Gila Gad, Respondent, v. Arie Gad, Appellant

New York Supreme Court, Appellate Division2001-05-08
283 A.D.2d 200724 N.Y.S.2d 305

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Opinion

majority opinion

—Order, Supreme Court, New York County (Marjory Fields, J.), entered on or about January 9, 2001, which directed defendant to pay plaintiff, inter alia, $8,000 a month for temporary maintenance and $25,000 for interim counsel fees, unanimously affirmed, without costs.

We decline to disturb the award, there being no showing of either exigent circumstances or a failure by the motion court to properly consider the factors specified in Domestic Relations Law § 236 (B) (6) and § 237 (a). Traditionally, an aggrieved party’s remedy for any perceived inequities in the award has been a speedy trial (see, Anonymous v Anonymous, 241 AD2d 353; Charpie v Charpie, 271 AD2d 169, 171-172). Nowadays, if a pendente lite award is found at trial to be excessive, the court can remedy the inequity by appropriate adjustment in the equitable distribution award. Concur — Sullivan, P. J., Williams, Mazzarelli, Wallach and Rubin, JJ.