Kevill v. Kevill

1 Citing case

  1. Solomon v. Solomon

    254 App. Div. 759 (N.Y. App. Div. 1938)

    Orders reversed on the law and the facts — the second one in so far as appealed from — and each motion granted as hereinafter indicated, upon condition that plaintiff shall stipulate that the issues be tried on May 23, 1938 (subject to the approval of the trial justice holding the term), unless defendant shall request a later date; alimony pendente lite awarded at the rate of fifty dollars per week commencing on the date of plaintiff's notice of motion therefor; counsel fee awarded in the sum of $550. Allowance for counsel fee on appeal awarded in the sum of $125. Twenty dollars costs and disbursements to the appellant. In our opinion, appellant's showing upon each application determined by an order appealed from was sufficient to warrant the award to plaintiff presently of reasonable alimony pendente lite and counsel fee, and a further reasonable allowance for counsel fee upon her appeal from the first order. ( Kevill v. Kevill, 247 App. Div. 763; Frohlich v. Frohlich, 199 id. 936.) Davis, Johnston, Adel and Taylor, JJ., concur; Lazansky, P.J., dissents with the following memorandum: