Hirsch v. Hirsch

Frank E. Johnson, Off. Ref.

It is elementary that a motion for temporary alimony and counsel fee cannot be entertained if the affidavits do not make a prima facie showing that plaintiff has a “ prospect of success.” The financial question is not reached until that preliminary requirement is shown to have been met by such affidavit-proof thereof. Likewise no Official Referee can be directed to decide the financial question before that preliminary question has been answered.

It has always been the established practice for the Special Term Justice to answer the opinion-question of there being a…