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SWINSON v. SWINSON

29 A.D.2d 693 (1968)

Freddie C. Swinson, Respondent, v. Calvin R. Swinson, Appellant

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

January 29, 1968

As so modified, order affirmed, without costs.

Before a wife may be granted alimony pendente lite and counsel fees there must be, inter alia, proof that she is unable to support herself from her own funds while the action is pending (Kaplan v. Kaplan, 25 A.D.2d 563, and cases cited therein). At bar it appears that plaintiff is employed as a schoolteacher and earns approximately $9,000 per annum. In her moving...

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