Cohen v. Cohen

Motions numbered 5256 and 5292 of even date are consolidated.

On September 7, 1967, plaintiff commenced an action for separation by service of a summons and complaint. She now moves for temporary alimony and counsel fees.

*722Defendant opposes the application and moves for an order (a) to dismiss the complaint upon the ground that the service thereof is premature and contrary to section 211 of the Domestic Relations Law; (b) to dismiss the action because of plaintiff’s failure to serve a notice of commencement of the action with the Conciliation Bureau, pursuant to section 215-c of the Domestic…