Cohen v. Kosch

Legal services rendered for a wife or child are necessaries as a matter of law (Dravecka v. Richard, 267 N. Y. 180). Becovery may not be had for services rendered to a child where the liability of the father has been fixed in a matrimonial decree (Karminski v. Karminski, 260 App. Div. 491). However, in this case the father retained the child contrary to the custody provisions of the matrimonial decree necessitating a habeas corpus proceeding against him. That proceeding was determined adversely to the father and the child returned to the mother, in accordance with the terms of the matrimonial…