Appellate Division of the Supreme Court of New York, 1928

Carolan v. Carolan

Carolan v. Carolan
Appellate Division of the Supreme Court of New York · Decided October 15, 1928
224 A.D. 866
Carolan v. Carolan

Opinion of the Court

Order granting plaintiff’s motion for alimony and counsel fee affirmed, with ten dollars costs and disbursements. The question as to the sufficiency of the complaint was not raised at Special Term, and the accompanying affidavit sets out facts which would have entitled plaintiff to amend the complaint in accordance therewith if such a question had been raised, and entitles her to such an amendment at the trial. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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