Tibbetts v. Tibbetts

An improper pendente lite order for alimony or counsel fee, improper because grossly inadequate or plainly insufficient survives a final judgment in a matrimonial action in so far as concerns the power of the Appellate Division to review such an order. The Appellate Division is a court of discretion, as is the Special Term, and if the latter’s order was palpably unjust, the Appellate Division can make an order that should have been made in the first instance. In this case we are of the opinion, however, that the order of June 26, 1929, which refused to make the new award of alimony…