RUDMAN v. RUDMAN


278 A.D. 636 (1951)

Charles K. Rudman, Appellant, v. Marjorie L. Rudman, Respondent

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

February 13, 1951.


Order affirmed, with $20 costs and disbursements to the respondent.

No opinion.

Callahan and Van Voorhis, JJ., dissent and vote to modify in the following memorandum:

If this action for a separation had been commenced by the wife, it would seem to us that both counsel fee and alimony would have been denied on the ground of lack of sufficient probability of success. Inasmuch as it has been commenced by the husband against the wife, we vote to affirm...

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