Brown v. Brown

Interlocutory judgment) dated May 7,1968, in favor of plaintiff in this matrimonial action, unanimously modified, on the law and the facts, without costs or disbursements, by striking therefrom the provisions respecting custody, alimony and counsel fees and remanding the cause for an immediate trial by Trial Term, limited to the issues of custody, counsel fee and permanent alimony' based on the preseparation standard of living of the parties. (Brownstein v. Brownstein, 25 A D 2d 205, 208; Hearst v. Hearst, 3 A D 2d 706, affd. 3 N Y 2d 967.) There is insufficient proof in the record to base…