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BAKER v. BAKER

16 A.D.2d 409 (1962)

Berry Baker, Respondent, v. Stephen Baker, Appellant

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

May 29, 1962.

Attorney(s) appearing for the Case

Nathan D. Lieman of counsel (David R. Haber, attorney), for appellant.

Mortimer Schwartz for respondent.

VALENTE, STEVENS, EAGER and STEUER, JJ., concur.

BREITEL, J. P.

The issue is whether a wife, still living in a common dwelling with her husband, may bring an action for separate maintenance and also prosecute a motion for temporary alimony and counsel fees in such action. The wife in this case did precisely that, and defendant husband appeals. Having obtained an order for temporary alimony and a counsel fee, the wife has since moved from the marital residence into an apartment of her own.

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