Thomas v. Thomas

In this action for divorce defendant wife moves for counsel fees.

She asks for counsel fees and that no final judgment be entered before such fee, if awarded, is first paid. Her attorney (who also represented her in the Family Court and is familiar with the facts in this case) has neither received any money from the wife, who is on relief, nor does he expect to be paid by any person on her behalf other than plaintiff, her husband.

*750Plaintiff objects that he is an indigent under CPLR 1101, having been permitted to bring this action as a poor person by court order. To compel him to first pay…