Dolan v. Dolan

This is a motion for counsel fees in an action which the plaintiff herein has brought to set aside as inadequate a separation agreement heretofore entered into between the parties, which it is admitted is still in full force and effect, and for a separation on the grounds of cruel and inhuman treatment and conduct rendering it unsafe and improper for the plaintiff to cohabit with the defendant.

Had the plaintiff elected to first bring an action merely to set aside the separation agreement, no counsel fees could have been awarded. (Johnson v. Johnson, 206 N. Y. 561.) Had she been successful in…