Ehrlich v. McKee

The statement in Turner v. Woolworth (221 N. Y. 425) that where a counsel fee has been allowed in a matrimonial action, the sole remedy in order to obtain compensation for extra labor is to move to increase the allowance, has been held by this court not to apply to legal services rendered for the purpose of enforcing the final judgment. (Kommel v. Karron, 152 Misc. 294.) A fortiori, the statement does not apply to services rendered on an appeal to the Court of Appeals from a final judgment of the Appellate Division dismissing the wife’s complaint. Plaintiff’s assignor was, accordingly, under…