Spellman v. Spellman

Order entered September 15, 1969, granting defendant wife’s motion for temporary alimony and counsel fees in an action for divorce, unanimously reversed on the law, on the facts, and in the exercise of discretion, without costs and without disbursements to either party, and the motion denied, but with leave to defendant wife to apply to the trial court for the relief sought on the motion. These parties were married in 1935, becoming separated in 1968. Since the separation the wife has continued to occupy alone the marital apartment, a co-operative, the rent of which has concededly been paid…