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GORDON v. LIPSHIE

13 N.Y.2d 775 (1963)

Lois (Lipshie) Gordon, Mother, on Behalf of Beth Lipshie and Another, Appellant, v. Norman W. Lipshie, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Stephen A. Wise for appellant.

Ballon, Stoll, Shyman and Levine for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.

Order reversed, with costs, and matter remitted to the Family Court, New York County, for further proceedings in accordance with the following memorandum: We hold that section 438 of the Family Court Act, insofar as it is derived from the amendment by chapter 213 of the Laws of 1961 to section 131 of the Domestic Relations Court Act, was intended, in suitable cases, to authorize the allowance of counsel fees in proceedings brought by a former wife exclusively for the support...

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