Order modified on the facts by adding to the first ordering paragraph, after the word "granted", the following: "as to counsel fee and denied as to temporary alimony" and by striking out the second ordering paragraph. As so modified, the order is affirmed, without costs.
The plaintiff alleges that the marital relation exists and charges the defendant with adultery. To meet these allegations, counsel fee could be granted under section 1169 of the Civil Practice Act...
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