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LEVINE v. LEVINE

48 Misc.2d 15 (1965)

Janet Levine, Plaintiff, v. Morris Levine, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

October 19, 1965

Attorney(s) appearing for the Case

Robert M. Ginsberg for plaintiff. Field, Florea, O'Rourke and Schaeffer (Robert S. Field of counsel), for defendant.

HAROLD BIRNS, J.

Plaintiff instituted this suit to recover counsel fees as necessaries. The action was tried before me without a jury.

At common law a wife had the right to recover from her husband for necessaries, and those necessaries always included counsel fees (Horn v. Schmalholz, 150 App. Div. 333; Handelman v. Peabody, 285 App. Div. 689; Gallin v. Stafford,

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