ERNST v. ERNST

In a separation action, judgment modified on the law by striking therefrom the sixth ordering paragraph relating to payment of a counsel fee. As so modified, the judgment is unanimously affirmed, without costs. The allowance for counsel fee was improperly incorporated in the judgment because it is remuneration for past services. ( Beadleston v. Beadleston, 103 N.Y. 402; Stevens v. Stevens, 214 App. Div. 785; Fisher v. Fisher, 223 App. Div. 19.)