Bothenberg v. Bothenberg

There are two motions before the court: (1) to open judgment of annulment on default of defendant; and (2) to grant plaintiff’s attorney a counsel fee for defending against this application to vacate the default judgment. Both motions are denied in the exercise of the court’s discretion. After a judgment annulling the marriage has been entered it is questionable whether this court can award counsel fee to defend the severance of marital ties in the form of annulment (Laner v. Laner, 165 Misc. 576; Spielberger v. Spielberger, 122 N. Y. S. 2d 858, 860). The court does not find the cases cited…