MARSON v. MARSON


6 A.D.2d 786 (1958)

Ralph E. Marson, Appellant, v. Gloria S. Marson et al., Respondents

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

June 24, 1958


Judgment unanimously modified on the law and the facts to strike therefrom the sixth decretal paragraph awarding counsel fees to the attorney for defendant wife, and as so modified, in all other respects affirmed, with costs to defendants.

The very separation agreement whose validity and enforcibility was defended by the wife in this action expressly provides that she "waives future counsel fees for any purpose". Her attorney undertook the defense with full knowledge...

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