Handelman v. Peabody

The order and judgment appealed from should be reversed and the motion for summary judgment denied, with costs to defendant-appellant. There were triable issues as to the fee arrangements and payments between plaintiff and his client *690in the matrimonial litigation and as to whether the services rendered by plaintiff to the wife in that litigation were necessary services for which the defendant is responsible.

We must also express disapproval of the procedure adopted by plaintiff in this case. To bring a separate action, on the theory of necessaries, for legal services rendered to a wife in…