Legal Opinion
Baker v. Baker
Appellate Division of the Supreme Court of the State of New York
Decided May 29, 1962PublishedCited by 3 opinions
1Opinion of the Court
Breitel, J. P.
The issue is whether a wife, still living in a common dwelling with her husband, may bring an action for separate maintenance and also prosecute a motion for temporary alimony and counsel fees in such action. The wife in this case did precisely that, and defendant husband appeals. Having obtained an order for temporary alimony and a counsel fee, the wife has since moved from the marital residence into an apartment of her own.
*410For the reasons to follow, the order should be reversed and the motion for temporary alimony and counsel fees denied, without prejudice, however, to the…
2Cases cited14 opinions
- Garlock v. GarlockNew York Court of Appeals · 1939
- Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
- Lowenfish v. LowenfishAppellate Division of the Supreme Court of the State of New York · 1951
- Lampert v. LampertAppellate Division of the Supreme Court of the State of New York · 1944
- Sommer v. SommerAppellate Division of the Supreme Court of the State of New York · 1955
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hite v. HiteAppellate Division of the Supreme Court of the State of New York · 1982
- Harkavy v. HarkavyAppellate Division of the Supreme Court of the State of New York · 1983
- Baker v. BakerAppellate Division of the Supreme Court of the State of New York · 1962