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Mulhern v. Mulhern

5 A.D.2d 865 Court N.Y. App. Div. Decision date 1958-03-20 English

Judges Concur — Breitel, J. P., Rabin, Frank, Valente find Stevens, JJ.

Contents

Majority

p. 865
(March 20, 1958)
John E. Mulhern, Appellant, v. Helen J. Mulhern, Respondent.

Order granting counsel fee and temporary alimony modified, on the facts, and in the exercise of discretion, to fix the counsel fee at $3,500, with leave, however, to defendant wife to apply to the trial court for a further allowance, and the order is otherwise affirmed, without costs to either party. Since the case is being held in a part ready for trial we do not disturb the fixation of temporary alimony.

Concur — Breitel, J. P., Rabin, Frank, Valente find Stevens, JJ.