Ernst v. Ernst

Full title: ELIZABETH ERNST, Respondent, v. FRANK ERNST, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 1950

277 App. Div. 1045 (N.Y. App. Div. 1950)

Opinion

November 13, 1950.

Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ.

In a separation action, judgment modified on the law by striking therefrom the sixth ordering paragraph relating to payment of a counsel fee. As so modified, the judgment is unanimously affirmed, without costs. The allowance for counsel fee was improperly incorporated in the judgment because it is remuneration for past services. ( Beadleston v. Beadleston, 103 N.Y. 402; Stevens v. Stevens, 214 App. Div. 785; Fisher v. Fisher, 223 App. Div. 19.)