The following excerpt is from Hay v. Hay, 323 N.Y.S.2d 481, 67 Misc.2d 50 (N.Y. Fam. Ct. 1971):
This court will therefore fix support in accordance with the means and circumstances of both parties. In doing so, their incompatibility with respect to sexual relations will be of weight, since it appears to justify respondent's desire for a separate residence and attendant expenses. Compare Orenstein v. Orenstein, 26 A.D.2d 928, 929, 275 N.Y.S.2d 33, 34 (1st Dept.1966), aff'd 21 N.Y.2d 892, 289 N.Y.S.2d 409, 236 N.E.2d 638.
Respondent's motion, after hearing, to dismiss the petition for support, is denied.
* Names are fictitious for purpose of publication.
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