Merrick v. Merrick

*930OPINION OF THE COURT

David B. Saxe, J.

In this action commenced by plaintiff wife to recover counsel fees incurred in an adoption proceeding, defendant husband moves for an order pursuant to CPLR 3211 (a) (5) dismissing the complaint upon the grounds that plaintiff has elected her remedy in a prior divorce action and is therefore barred from bringing this cause of action.

The issue here is whether plaintiff is entitled to reimbursement of legal fees incurred in an adoption proceeding as necessaries where she had been awarded pendente lite relief for herself and her adoptive children in a pending…