COATS v. COATS


25 A.D.2d 949 (1966)

Clara Coats, Respondent-Appellant, v. Floyd Coats, Appellant-Respondent

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

May 20, 1966


Order insofar as appealed from unanimously reversed, without costs of this appeal to either party, without prejudice to plaintiff's right to make application for counsel fees at the time of trial.

Memorandum:

From the record before us it was an improvident exercise of discretion to have made any allowance for counsel fees at this stage of the proceedings. Once the evidence has been submitted upon a plenary trial...

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