269 A.D. 899 | N.Y. App. Div. | 1945
Order reversed on the facts, without costs of this appeal to either party, and motion denied, without costs. Memorandum: Plaintiff left her husband and sued for a separation alleging habitual intoxication, cruel and inhuman treatment and failure to support. Defendant’s answer beside denials of plaintiff’s charges, set up a counterclaim alleging unjustifiable abandonment of defendant. The order allowing plaintiff temporary alimony and counsel fees is based upon the pleadings, plaintiff’s affidavit in support of the motion and defendant’s opposing affidavit. In view of the counterclaim, an allowance of counsel fees