Lax v. Lax

Order of the Supreme Court, New York County, entered in the office of the clerk on April 29, 1977, which (1) denied defendant’s cross motion to dismiss the complaint on jurisdictional grounds without prejudice to the assertion of lack of jurisdiction as an affirmative defense at trial, and (2) granted plaintiff $5,000 as an interim counsel fee, unanimously modified, on the law, on the facts and in the exercise of discretion, and the cross motion granted to the extent of ordering a hearing on the issue of jurisdiction, and the award of counsel fee is vacated without prejudice to an application…