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BRICKER v. POWERS

Appellate Division of the Supreme Court of New York, First Department.
Oct 25, 1994

We do not perceive an abuse of discretion in the court's award, pendente lite, of $75,000 in legal fees to defendant-wife in this matrimonial action that has already been relentlessly litigated and is certain to be protracted (Domestic Relations Law § 237). The record provides ample support for the court's determination that plaintiff is in a far better position to bear the bulk of the litigation expense at this time. In any event, it is well settled that a speedy trial is plaintiff's proper remedy in this situation (Corsini v. Corsini, 178 A.D.2d 356). We have considered plaintiff's other arguments, and find them to be without merit.

Concur — Wallach, J.P., Asch, Rubin and Williams, JJ.