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Corso v. Sclafani

52 Misc.2d 901 Court Supreme Court, Appellate Term, Second Department, Decision date 1966-12-14 English

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p. 901
Dominick Corso, Respondent, v. Frank Sclafani et al., Defendants, and Frank Sclafani, Appellant.
Supreme Court, Appellate Term, Second Department,
December 14, 1966.
Harold Beider for appellant. Dominick Corso, respondent in person.

Plaintiff is not entitled to recover for legal services rendered to defendant’s wife in a separation action instituted on her behalf and which terminated in defendant’s favor (Weidlich v. Richards, 276 App. Div. 383 ). Section 237 of the Domestic Relations Law does not, in such circumstances, authorize the maintenance of a post-judgment action for legal services rendered in the matrimonial action (see Practice Commentary of Professor Siegel in McKinney’s Cons. Laws of N. Y., Domestic Relations Law, § 237).

The judgment should be reversed, with $30 costs to defendant, and complaint dismissed.

Margett and Schwartzwald, JJ., concur; Cone, J., not voting.

Judgment reversed, etc.

Statutes and regulations cited