Bernstein v. Bernstein

Appellate Division of the Supreme Court of New York

Bernstein v. Bernstein

41 A.D.2d 830, 342 N.Y.S.2d 374, 1973 N.Y. App. Div. LEXIS 4814

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 2, 1973

StatusPublished

This text of 41 A.D.2d 830 (Bernstein v. Bernstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernstein v. Bernstein, 41 A.D.2d 830, 342 N.Y.S.2d 374, 1973 N.Y. App. Div. LEXIS 4814 (N.Y. Ct. App. 1973).

Pincite

Opinion

—■ Appeal by plaintiff from so much of a judgment of the Supreme Court, Queens County, entered September 13, 1972, granting defendant a divorce, as awarded the latter $3,860 as her counsel fees. Judgment modified, on the facts, by reducing ,the counsel fee award to $2,500 and adding thereto a provision directing that defendant’s attorneys shall return to defendant the original $2,000 they received from her. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, the award for counsel fees beyond the sum to which it is reduced herein constituted an abuse of discretion. It is our understanding that the counsel fee awarded, as reduced herein, is in addition to the $2,000 already paid .to defendant’s attorneys and which we are herein directing to be returned to defendant. Munder, Acting P. J., Martuscello, Latham, Gulotta and Brennan, JJ., concur.

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—■ Appeal by plaintiff from so much of a judgment of the Supreme Court, Queens County, entered September 13, 1972, granting defendant a divorce, as awarded the latter $3,860 as her counsel fees. Judgment modified, on the facts, by reducing ,the counsel fee award to $2,500 and adding thereto a provision directing that defendant’s attorneys shall return to defendant the original $2,000 they received from her. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, the award for counsel fees beyond the sum to which it is reduced herein constituted an abuse of discretion. It is our understanding that the counsel fee awarded, as reduced herein, is in addition to the $2,000 already paid .to defendant’s attorneys and which we are herein directing to be returned to defendant. Munder, Acting P. J., Martuscello, Latham, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

41 A.D.2d 830, 342 N.Y.S.2d 374, 1973 N.Y. App. Div. LEXIS 4814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernstein-v-bernstein-nyappdiv-1973.