Beanland v. Beanland

Plaintiff wife, in this separation action, moves for an order awarding her temporary alimony. A request for an allowance of counsel fee has been withdrawn and therefore need not be considered. The moving papers, together with a summons and a “ proposed complaint ” were served on defendant on September 13, 1967. This application is thus governed by the amendments to the Domestic Relations Law (L. 1966, ch. 254) effective September 1,1967.

Defendant’s attorney has refused to accept the “ proposed complaint ” on the ground that service of a complaint with the summons is interdicted by article…