KAUFMAN v. FARAH


276 A.D. 178 (1949)

Bernard Kaufman, Respondent, v. Albert Farah, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.


Attorney(s) appearing for the Case

Gabriel E. Torre of counsel (John J. Sullivan and Eugene J. Finnegan, attorneys), for appellant.

Bernard Kaufman of counsel (Theodore Garfiel, attorney), for respondent.

GLENNON, J. P., DORE and VAN VOORHIS, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to affirm in an opinion in which SHIENTAG, J., concurs.


Per Curiam.

The action is brought by an attorney for services rendered to defendant's wife while they were living separate and apart and before their reconciliation. The complaint is challenged for insufficiency.

Plaintiff sues the husband on the theory that the services which he rendered to the wife were necessaries. It is alleged in the second amended complaint that he was consulted by the wife, who informed him that defendant had failed to contribute...

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