SCHOONHEIM v. SCHOONHEIM


21 A.D.2d 812 (1964)

Drury L. Schoonheim, Respondent, v. Lambertus R. P. Schoonheim, Appellant

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

June 15, 1964


Orders reversed, without costs; motion for resettlement granted; and motion for alimony and counsel fee denied.

It was error to deny resettlement, since the record referred to was submitted to the court by the husband in opposing the wife's motion. Before a wife may be granted alimony and counsel fees pendente lite there must be (a) proof that the wife is unable to support herself from her own funds while the action is pending; and (b) proof of the husband...

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