284 A.D. 811 | N.Y. App. Div. | 1954
Application by respondent’s former wife, individually and as guardian ad litem for their two infant children, for a temporary injunction restraining respondent from molesting her or said children; for a permanent injunction so restraining him and, also, restricting his visits with the children, and for an order modifying the visitation terms of the separation agreement between appellant and respondent declaring void a provision therein that in case of her remarriage custody of the children should revert to him at his option; and for counsel fees for appellant’s attorneys. Said separation agreement was incorporated into a foreign divorce decree, which continued the custody provisions of the agreement specifically, and all of its terms generally. Based upon the papers submitted by both sides, and except for the request for counsel fees, which it did not pass upon, the Special Term denied the application in all respects. Thereafter, upon appellant’s motion, the court granted reargument, and upon such reargument denied counsel fees and
