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BARNES v. BARNES

3 A.D.2d 242 (1957)

Joan Barnes, Respondent, v. Howard G. Barnes, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 12, 1957.

Attorney(s) appearing for the Case

Lawrence M. Kesselman of counsel (Samuel J. Siegel, attorney), for appellant.

Benjamin Shedler of counsel (Gelfand & Shedler, attorneys), for respondent.

PECK, P. J., BREITEL, BOTEIN, RABIN and FRANK, JJ., concur.

Per Curiam.

The order appealed from directs the payment of $190 a week as temporary alimony and contains a provision that the award of temporary alimony may be subject to a retroactive increase by the trial court on the basis of the evidence adduced at the trial.

As we have had occasion to point out in a recent decision (Hearst v. Hearst, 3 A.D.2d 706), the fixation of temporary alimony is not determinative...

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