La Barr v. La Barr

278 A.D. 995, 1951 N.Y. App. Div. LEXIS 5466

Opinion

Appeal from an order of the Supreme Court, Sullivan County, Special Term, which denied appellant’s motion for a counsel fee. Appellant’s amended complaint sets up a second cause of action to have a divorce decree obtained against her in the State of Nevada in 1929 declared a nullity. She appeared in that action but alleges that her appearance was induced by fraud on the part of the respondent here. The Special Term denied her application for a counsel fee on the ground that her present action does not come within the purview of section 1169-a of the Civil Practice Act; and hence that it had no statutory power to grant an allowance. Order unanimously affirmed, without costs. Present — Foster, P. J., Heffernan, Deyo, Bergan and Coon, JJ.