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Marson v. Marson

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1958
6 A.D.2d 786 (N.Y. App. Div. 1958)

Opinion

June 24, 1958


Judgment unanimously modified on the law and the facts to strike therefrom the sixth decretal paragraph awarding counsel fees to the attorney for defendant wife, and as so modified, in all other respects affirmed, with costs to defendants. The very separation agreement whose validity and enforcibility was defended by the wife in this action expressly provides that she "waives future counsel fees for any purpose". Her attorney undertook the defense with full knowledge of that provision. This was not a matrimonial action within the purview of section 1169 of the Civil Practice Act, and under the circumstances here presented there was no basis for the finding that the legal services were rendered as necessaries for the defendant wife. Settle order.

Concur — Botein, P.J., Frank, Valente, Stevens and Bastow, JJ. [ 9 Misc.2d 599.]


Summaries of

Marson v. Marson

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1958
6 A.D.2d 786 (N.Y. App. Div. 1958)
Case details for

Marson v. Marson

Case Details

Full title:RALPH E. MARSON, Appellant, v. GLORIA S. MARSON et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1958

Citations

6 A.D.2d 786 (N.Y. App. Div. 1958)

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