Apploff v. Apploff

In this action for separation grounded on cruel and inhuman treatment and abandonment, plaintiff wife moves for an allowance of alimony and counsel fees pendente lite. Defendant husband cross moves to dismiss the action because (a) the complaint was served in violation of section 211 of the Domestic Relations Law and (b) the summons does not have an indorsement as to the nature of the action in compliance with section 232 of the Domestic Relations Law.

Before the application by plaintiff for alimony and counsel fees can be entertained, the cross motion to dismiss must here first be considered.…