Besch v. Besch

Appellate Division of the Supreme Court of New York

Besch v. Besch

225 A.D.2d 1045, 639 N.Y.2d 617, 639 N.Y.S.2d 617, 1996 N.Y. App. Div. LEXIS 2869

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

DecidedMarch 8, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 1045 (Besch v. Besch) 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

Besch v. Besch, 225 A.D.2d 1045, 639 N.Y.2d 617, 639 N.Y.S.2d 617, 1996 N.Y. App. Div. LEXIS 2869 (N.Y. Ct. App. 1996).

Pincite

Opinion

We agree with defendant, however, that the court erred in determining the amount of attorney’s fees to which plaintiff was entitled without first conducting a hearing, as requested by defendant, to determine the reasonable value and nature of the services rendered (see, Matter of Tripi v Faiello, 195 AD2d 958, lv dismissed 82 NY2d 803; Kish v Kish [appeal No. 1], 175 AD2d 604; Price v Price, 113 AD2d 299, affd 69 NY2d 8). We modify the order on appeal, therefore, by vacating the amount of attorney’s fees awarded to plaintiff, and we remit the matter to Supreme Court for a hearing on that issue. (Appeal from Or[1046]*1046der of Supreme Court, Erie County, Sedita, Jr., J. — Support.) Present — Pine, J. P., Lawton, Fallon, Callahan and Doerr, JJ.

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We agree with defendant, however, that the court erred in determining the amount of attorney’s fees to which plaintiff was entitled without first conducting a hearing, as requested by defendant, to determine the reasonable value and nature of the services rendered (see, Matter of Tripi v Faiello, 195 AD2d 958, lv dismissed 82 NY2d 803; Kish v Kish [appeal No. 1], 175 AD2d 604; Price v Price, 113 AD2d 299, affd 69 NY2d 8). We modify the order on appeal, therefore, by vacating the amount of attorney’s fees awarded to plaintiff, and we remit the matter to Supreme Court for a hearing on that issue. (Appeal from Or[1046]*1046der of Supreme Court, Erie County, Sedita, Jr., J. — Support.) Present — Pine, J. P., Lawton, Fallon, Callahan and Doerr, JJ.

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Bluebook (online)

225 A.D.2d 1045, 639 N.Y.2d 617, 639 N.Y.S.2d 617, 1996 N.Y. App. Div. LEXIS 2869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/besch-v-besch-nyappdiv-1996.

Opinion

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