SOLOMON SOLOMON v. WOLK

Full title: SOLOMON SOLOMON, Appellants, v. HAROLD W. WOLK, Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: Apr 7, 1960

23 Misc. 2d 917 (N.Y. App. Term 1960)

200 N.Y.S.2d 473

Opinion

April 7, 1960

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, EUGENE M. McCARTHY, J.

Norman D. Levy for appellants.

Adolph Bangser for respondent.

Per Curiam.

The legal services rendered to the wife were necessaries. They were required in a civil proceeding which she instituted to protect her marital rights. In such proceeding the wife may select counsel of her own choice. The case of McQuhae v. Rey ( 2 Misc. 476, affd. 3 Misc. 550) is distinguishable.

The judgment should be reversed, with $30 costs; judgment directed for plaintiffs and case remitted to the court below for an assessment of plaintiffs' damages.

Concur — HOFSTADTER, J.P., STEUER and TILZER, JJ.

Judgment reversed, etc.