Legal Opinion
Levine v. Levine
Civil Court of the City of New York
Decided October 19, 1965PublishedCited by 9 opinions
1Opinion of the CourtHarold Birns, J.
Plaintiff instituted this suit to recover counsel fees as necessaries. The action was tried before me without a jury.
At common law a wife had the right to recover from her husband for necessaries, and those necessaries always included counsel fees (Horn v. Schmalholz, 150 App. Div. 333; Handelman v. Peabody, 285 App. Div. 689; Gallin v. Stafford, 10 A D 2d 915, affd. 9 N Y 2d 894).
An alternative remedy was provided by statute enabling the wife to obtain counsel fees prospectively for the prosecution of a matrimonial action or proceeding (Civ. Prac. Act, § 1169).
Over the years the courts…
2Cases cited8 opinions
- Turner v. . WoolworthNew York Court of Appeals · 1917
- Fisher v. FisherAppellate Division of the Supreme Court of the State of New York · 1928
- Horn v. SchmalholzAppellate Division of the Supreme Court of the State of New York · 1912
- Handelman v. PeabodyAppellate Division of the Supreme Court of the State of New York · 1955
- Tompkins v. GlassCivil Court of the City of New York · 1964
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
- Sassower v. BaroneAppellate Division of the Supreme Court of the State of New York · 1982
- In the Matter of Martin Steingesser, Bankrupt. Diana D. Dubroff v. Martin SteingesserCourt of Appeals for the Second Circuit · 1979
- Roscini v. RosciniAppellate Division of the Supreme Court of the State of New York · 1974
- N.E. & R. Partnership v. StoneMissouri Court of Appeals · 1988
4 more not listed; retrieve them via the Exa API.