Appellate Division of the Supreme Court of New York, 1949

Gangloff v. Gangloff

Gangloff v. Gangloff
Appellate Division of the Supreme Court of New York · Decided January 24, 1949
274 A.D. 1067; 86 N.Y.S.2d 457; 1949 N.Y. App. Div. LEXIS 6092
Gangloff v. Gangloff

Opinion of the Court

In this action by the husband for annulment on the ground of fraud, the wife’s motion for a counsel fee was denied. Order reversed on the law and the facts, with $10 costs and disbursements, the motion granted, without costs, and plaintiff *1068directed to.pay defendant a counsel fee of $300, one half payable within ten days after entry of the order hereon, and the balance before trial. In our opinion, the denial of the motion was an improvident exercise of discretion. Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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