Ordered that the order is modified by deleting the provision thereof which directed the defendant to pay gardening expenses not to exceed the sum of $200 per month; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Although a speedy trial is ordinarily the proper remedy for inequities in an order of support pendente lite, relief may be granted on appeal in the interest of justice (see, Messina v Messina, 101 A.D.2d 856). The primary concern of the court in determining an application for temporary maintenance is the respective financial conditions of the parties and the movant's need for such support pending trial (see, Stern v Stern, 106 A.D.2d 631, 632).
Under the circumstances of this case, we find that that portion of the court's order which directed the defendant to pay gardening expenses not to exceed the sum of $200 per month adversely affects the defendant's ability to meet his own expenses and should therefore be deleted in the interest of justice (see, Chachkes v Chachkes, 107 A.D.2d 786, 787). Thompson, J.P., Brown, Niehoff and Spatt, JJ., concur.