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KAREN RICHARDS, Respondent, v. JAMES RICHARDS, Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

Although the defendant contends that Special Term's award of temporary maintenance and child support is excessive, we conclude that under the circumstances of the instant case the award is appropriate. In determining the amount of the award, Special Term arrived at an accommodation between the reasonable needs of the plaintiff and the defendant's ability to provide for those needs (see, Stern v. Stern, 106 A.D.2d 631).

With respect to the award of exclusive possession of the marital residence to the plaintiff, as the record indicates that the wife was issued a temporary order of protection, and, on at least one occasion, the police were called upon to intervene in a dispute between the parties, the necessity for this directive is evident (see, Hite v. Hite, 89 A.D.2d 577). Mangano, J.P., Bracken, Lawrence and Kooper, JJ., concur.

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RICHARDS v. RICHARDS
(May 18, 1987)