Sayer v. Sayer

Wallach, J. (dissenting).

The majority begins with a reference to the "wisdom of the oft-repeated maxim that the appropriate remedy for a dispute over a temporary award of maintenance, based as it is on conflicting and inadequate affidavits, is a prompt trial where the facts may be examined into in far greater detail and where a more accurate appraisal of the situations of the parties may be obtained.” Developed at a time when disclosure in matrimonial actions was available only on a limited basis (see, 11A Zett-Edmonds-Schwartz, NY Civ Prac, Matrimonial Actions § 35.02), this so-called speedy…