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52 Misc. 2d 901

Corso v. Sclafani

Appellate Terms of the Supreme Court of New York · decided 1966-12-14

Cited by 1 later decisions — most recently November 1978

Good law ✅— No negative treatment on recordhow we know

Decided 1966-12-14

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Per Curiam.

¶1Plaintiff 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).

¶2The judgment should be reversed, with $30 costs to defendant, and complaint dismissed.

¶3Margett and Schwartzwald, JJ., concur; Cone, J., not voting.

¶4Judgment reversed, etc.

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