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KING v. KLINE

65 A.D.3d 431 (2009)

884 N.Y.S.2d 229

ANGUS KING, as Executor of ROGER KLINE, Deceased, Respondent, v. SUSAN FERRIS KLINE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 11, 2009.

This appeal calls on us to determine whether a spouse seeking pendente lite counsel fees may continue to press such a claim in a divorce action after the spouse from whom such relief was sought dies. For the reasons stated below, we hold that the surviving spouse may not continue to pursue the claim.

The parties were married in 1977. The husband commenced this action in November 2005. In February 2008, the wife moved for...

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