Sussman v. Sussman

— Order entered on December 13, 1960, denying plaintiff’s motion for counsel fees, without prejudice to any right the plaintiff may have in a plenary action to recover for necessaries, unanimously reversed, on the law and on the facts,, with $20 costs and disbursements to appellant, and motion remanded to Special' Term for fixation of amount and awarding of counsel fees to plaintiff in connection with appeal from order of November 9, 1960. The plaintiff, by order-to show cause, dated September 12, 1960, moved to punish respondent for contempt of court for violation of custody provisions of…