King v. Kline

Appeal from order, Supreme Court, New York County (Saralee Evans, J.), entered December 26, 2008, which denied defendant wife’s request for additional discovery, sanctions and interim counsel fees of $200,000, and instead awarded her interim counsel fees of $25,000, unanimously dismissed, without costs.

*432This appeal calls on us to determine whether a spouse seeking pendente lite counsel fees may continue to press such a claim in a divorce action after the spouse from whom such relief was sought dies. For the reasons stated below, we hold that the surviving spouse may not continue to pursue the…