Paradise v. Ridley

The rule that an award of alimony and counsel fee exempts a husband from further common-law liability therefor *730(Turner v. Woolworth, 221 N. Y. 425), does not apply where same is denied upon motion pendente lite and the action is discontinued. (Elder v. Rosenwasser, 238 N. Y. 427; Dravecka v. Richard, 267 id. 180; Goldberg v. Keller, 236 App. Div. 541; Ehrlich v. McKee, 170 Misc. 222; affd., 258 App. Div. 715.) In the absence of special agreement upon which a discontinuance is based in no sense is such a termination of an action conclusive upon the parties, or their attorneys, of the merits of…