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SASSOWER v. BARONE

85 A.D.2d 81 (1982)

Doris L. Sassower, Appellant, v. Sally Barone et al., Respondents

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

February 22, 1982

Attorney(s) appearing for the Case

George Sassower for appellant.

Edward H. Petruzzi for Sally Barone, respondent.

Milton S. Zeiberg for Joseph Barone, respondent.*

MANGANO, J. P., GULOTTA and O'CONNOR, JJ., concur.

GIBBONS, J.

The questions presented here for resolution are: (1) whether an award of counsel fees to a plaintiff wife contained in a judgment of divorce may constitute res judicata in a subsequent plenary action for counsel fees against the husband on the theory of necessaries and against the wife on her retainer agreement, where, as part of their agreement to reconcile, the plaintiff wife withdrew her...

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