Bricker v. Powers

Appellate Division of the Supreme Court of New York

Bricker v. Powers

208 A.D.2d 463, 617 N.Y.S.2d 309

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1994·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (David Saxe, J.), entered October 22, 1993, which granted defendant’s motion for counsel fees pendente lite in the amount of $75,000 and directed plaintiff to pay that amount to defendant’s attorney, unanimously affirmed, without costs.

We do not perceive an abuse of discretion in the court’s award, pendente lite, of $75,000 in legal fees to defendant-wife in this matrimonial action that has already been relentlessly litigated and is certain to be protracted (Domestic Relations Law § 237). The record provides ample support for the court’s determination that plaintiff is in a far better position to bear the bulk of the litigation expense at this time. In any event, it is well settled that a speedy trial is plaintiff’s proper remedy in this situation (Corsini v Corsini, 178 AD2d 356). We have considered plaintiff’s other arguments, and find them to be without merit. Concur—Wallach, J. P., Asch, Rubin and Williams, JJ.

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Order, Supreme Court, New York County (David Saxe, J.), entered October 22, 1993, which granted defendant’s motion for counsel fees pendente lite in the amount of $75,000 and directed plaintiff to pay that amount to defendant’s attorney, unanimously affirmed, without costs.

We do not perceive an abuse of discretion in the court’s award, pendente lite, of $75,000 in legal fees to defendant-wife in this matrimonial action that has already been relentlessly litigated and is certain to be protracted (Domestic Relations Law § 237). The record provides ample support for the court’s determination that plaintiff is in a far better position to bear the bulk of the litigation expense at this time. In any event, it is well settled that a speedy trial is plaintiff’s proper remedy in this situation (Corsini v Corsini, 178 AD2d 356). We have considered plaintiff’s other arguments, and find them to be without merit. Concur—Wallach, J. P., Asch, Rubin and Williams, JJ.

Bricker v. Powers, 208 A.D.2d 463, 617 N.Y.S.2d 309 (N.Y. Ct. App. 1994).

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Opinion

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