Bitterman v. Bitterman

Appellate Division of the Supreme Court of New York

Bitterman v. Bitterman

256 A.D. 990, 10 N.Y.S.2d 488

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

DecidedMarch 13, 1939

StatusPublished

Cited by1 cases

This text of 256 A.D. 990 (Bitterman v. Bitterman) 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

Bitterman v. Bitterman, 256 A.D. 990, 10 N.Y.S.2d 488 (N.Y. Ct. App. 1939).

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Opinion

Order directing defendant to pay the plaintiff the sum of $750 for counsel fees [991]*991and disbursements modified by reducing the amount thereof to $500, and as thus modified, affirmed, without costs. The counsel fee allowed at Special Term is out of proportion to the amount of temporary alimony awarded in the separation action which is still pending. It appears in addition that plaintiff was allowed a substantial counsel fee in the sepaiation action, and has never brought that action to trial. On the other hand, we are not satisfied that defendant’s income is as small as he claims, in view of his ability to pay for a foreign divorce and his remarriage. Under the circumstances we consider a counsel fee of $500 reasonable and proper in the present action for divorce. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Order directing defendant to pay the plaintiff the sum of $750 for counsel fees [991]*991and disbursements modified by reducing the amount thereof to $500, and as thus modified, affirmed, without costs. The counsel fee allowed at Special Term is out of proportion to the amount of temporary alimony awarded in the separation action which is still pending. It appears in addition that plaintiff was allowed a substantial counsel fee in the sepaiation action, and has never brought that action to trial. On the other hand, we are not satisfied that defendant’s income is as small as he claims, in view of his ability to pay for a foreign divorce and his remarriage. Under the circumstances we consider a counsel fee of $500 reasonable and proper in the present action for divorce. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

256 A.D. 990, 10 N.Y.S.2d 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bitterman-v-bitterman-nyappdiv-1939.

Opinion

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