McGarry v. McGarry — 113 N.Y.S. 1138

Majority

p. 1138

McGARRY, Respondent, v. McGARRY, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

December 4, 1908.)

Headnote

Action by Anna L. McGarry against Daniel P. McGarry.

Judgment modified, by striking out the allowance of $75 as counsel fees, and further modified by inserting therein a provision that .the plaintiff shall be allowed to occupy the premises and have the use of the furniture upon the terms specified in the judgment, only so long as the defendant consents thereto; and, as so modified, the judgment is affirmed, with costs to respondent.

McLENNAN, P. j., dissents,, and votes for affirmance, except as to the provision as to counsel fees.