Greff v. Havens

Motion for order directing entry of judgment under section 1171-b of the Civil Practice Act.

Prior to the 1940 amendment of section 1169 of the Civil Practice Act (L, 1940, ch. 226), no counsel fees were allowable, against parties other than the husband, in an action brought by such parties to annul the marriage after the death of the husband. The wife was “ not a privileged suitor against them, but only against her husband while he lived,” (Farnham v. Farnham, 227 N. Y. 155, 158.) In 1940 section 1169 of the Civil Practice Act was amended to read, in part, as follows; “ When an action for…