JOHNSTON v. JOHNSTON


83 A.D.2d 572 (1981)

Frederick Johnston, Respondent, v. Noreen Johnston, Appellant

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

July 13, 1981


Orders affirmed, without costs or disbursements.

No opinion.

Lazer, J., concurs in part and dissents in part, with the following memorandum:

Although the Boden rule (see Matter of Boden v Boden, 42 N.Y.2d 210) defeats defendant's application to obtain additional child support from her former husband, I disagree with the majority's refusal to award counsel fees. Compelled by economic circumstances...

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