Opinion
October 18, 1943.
Order directing defendant to pay to plaintiff $150 as and for her counsel fees and expenses in the defense of an action commenced by defendant against her in the Supreme Court, New York County, in which he seeks a judgment declaring, inter alia, that a decree of divorce obtained by him against plaintiff in the State of Florida is entitled to be given full faith and credit in this State, affirmed, with ten dollars costs and disbursements, the said counsel fee and expenses to be paid within ten days from the entry of the order hereon. The relief herein granted is in addition to and is not inconsistent with plaintiff's right to apply for similar relief in the New York County action. ( Higgins v. Sharp, 164 N.Y. 4.) The wife having prevailed in the separation action because of the husband's fault, the matrimonial res remained with the wife in New York and the wrongdoer is disabled from moving the res out of New York so as to give jurisdiction thereof in any other State, in the absence of an appearance by the wife. Close, P.J., Hagarty, Carswell and Johnston, JJ., concur; Taylor, J., concurs in the result. [ 179 Misc. 661.]