Opinion
June 24, 1938.
Present — Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ.
Action for separation by plaintiff wife against defendant husband and counterclaim for like relief by defendant husband against plaintiff wife. Judgment granting a separation to plaintiff, awarding twenty-five dollars a week alimony and dismissing the counterclaim for a separation, unanimously affirmed, with costs. The provision respecting $100 temporary alimony complied with Special Term Local Rule 21. The defendant had an opportunity to question the amount on the settlement of the decree; he did not do so and may not now he heard respecting it. Moreover, in the meantime the sum in question has been paid.