Robert H. Elder, Appellant v. Philip Rosenwasser, Respondent

Summary

The Court held that a husband remains liable for reasonable attorney fees incurred by his wife for necessary legal services during a separation proceeding, even when a temporary court order denied alimony, because such an order is not final and does not limit the husband's common‑law duty to provide necessaries. The Court reversed the Appellate Division and Appellate Term and affirmed the Municipal Court judgments in favor of the attorney.