HIRSCH v. HIRSCH


5 Misc.2d 859 (1957)

Honora Hirsch, Plaintiff, v. Adrian Hirsch, Defendant.

Supreme Court, Kings County.

March 20, 1957.


Attorney(s) appearing for the Case

Samuel Rothstein for plaintiff.

Seymour Teitelbaum for defendant.


FRANK E. JOHNSON, Off. Ref.

It is elementary that a motion for temporary alimony and counsel fee cannot be entertained if the affidavits do not make a prima facie showing that plaintiff has a "prospect of success." The financial question is not reached until that preliminary requirement is shown to have been met by such affidavit-proof thereof. Likewise no Official Referee can be directed to decide the financial...

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