Cutrone v. Cutrone

This was an action for a separation. An order was made on April 29, 1941, awarding plaintiff alimony pendente lite, and a counsel fee. The action was tried and a judgment of separation was awarded to plaintiff, which judgment is dated July 1, 1941, and was duly filed and recorded on July 3, 1941 The instant motion was made to punish the defendant for contempt in failing to pay four installments of alimony awarded pendente lite and the counsel fee. The application cannot prevail. The termination of an action abates both the order and arrears — such termination is automatic. The right to…