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LUBIN v. LUBIN

66 A.D.2d 677 (1978)

Edward H. Lubin, Appellant, v. Ann Lubin, Respondent

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

December 7, 1978

Although it is axiomatic that no award of counsel fees, pendente lite, may be made to a wife who is financially able to pay (Kann v Kann, 38 A.D.2d 545), we do not view the wife's ownership of stock, valued at $35,000, to be a barometer of her ability to pay. She has two young children, ages six and two, to take care of, and has no source of income other than temporary alimony and support. A sale of the stock, a gift from...

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