It appears without dispute that the parties entered into a written separation agreement on October 30, 1952, which provided for the payment by the defendant husband of $30 per week for the support of the plaintiff and the issue of the marriage. Concededly the payment of $30 weekly called for by the separation agreement has been timely and regularly paid. Special Term has increased the amount to $50 per week by way of temporary alimony and has allowed $500 counsel fees. The separation agreement has not been set aside, is valid on its face, and is controlling as to the amount fixed for the support of the plaintiff and the issue of the marriage until there is a trial and a determination made as to the validity of the separation agreement. While the plaintiff wife in her affidavit contends that there has been cohabitation since the separation agreement was entered into, this is denied by the affidavit of the defendant husband. The validity of the separation agreement should not be determined upon conflicting affidavits but should await the trial. ( Sullivan v. Sullivan, 285 App. Div. 967; Botway v. Botway, 273 App. Div. 948; Rosenblatt v. Rosenblatt, 209 N.Y. 373 .) Order reversed, on the law and the facts, and the motion denied with leave to renew the same before the trial court upon the trial of the action, without costs. Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ., concur.