¶1Order framing issues for jury trial upon condition reversed on. thq law and the facts, without costs, and motion denied, with leave to defendant to renew upon plaintiff moving the case for trial. In our opinion, the motion is premature. Plaintiff is not obliged to proceed to trial until and unless defendant complies with the order granting alimony and counsel fee pendente lite. Young, Kapper, Hagarty, Tompkins and Davis, JJ., concur.
237 A.D. 902
Cyganiewicz v. Cyganiewicz
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1933
Appellate Division of the Supreme Court of the State of New York · decided 1933-01-15
Decided 1933-01-15