TOBIAS v. TOBIAS

In an action for divorce, the parties cross-appeal from so much of an order of Supreme Court, Nassau County, entered June 24, 1970, as directed defendant to make certain support payments and a counsel fee. Order affirmed insofar as appealed from, without costs. We are of the opinion that the remedy for any seeming inequity in a direction for payment of temporary alimony based on conflicting affidavits is a speedy trial where the true facts as to the finances and standards of living of the parties can be ascertained and plaintiff's right to alimony can be finally determined ( Lebovics v. Lebovics, 34 A.D.2d 783). Rabin, P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.