Opinion
March 7, 1949.
In this action for separation, defendant husband counterclaimed for separation. By order, dated November 8, 1948, made prior to the interposition of defendant's answer containing the counterclaims, plaintiff's motion for alimony pendente lite and counsel fees was denied. After the answer was served, plaintiff moved for reargument. Special Term considered the entire application de novo and, by order dated December 23, 1948, denied plaintiff's motion for alimony pendente lite, but granted plaintiff a counsel fee of $400 to defend herself against the counterclaims contained in the answer. Order, dated December 23, 1948, modified by striking from the first ordering paragraph the words "in all respects denied" and substituting in place thereof a provision granting plaintiff $30 a week alimony pendente lite from and after November 8, 1948. As so modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to appellant, the arrears of alimony to be paid within ten days from the entry of the order hereon. Appeal from order dated November 8, 1948, dismissed, without costs. In our opinion, the denial of alimony pendente lite was an improvident exercise of discretion. Carswell, Acting P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.