Bushorr v. Bushorr

Appellate Division of the Supreme Court of New York

Bushorr v. Bushorr

129 A.D.2d 989, 514 N.Y.S.2d 674, 1987 N.Y. App. Div. LEXIS 45671

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1987·Published·Cited by 9 cases

Opinion

Order unanimously affirmed with costs. Memorandum: Under the circumstances of this case, we cannot conclude that the trial court’s direction that defendant pay 62% of the total cost of plaintiffs counsel fees, expert fees and disbursements was an abuse of discretion. A further award to plaintiff for counsel fees generated by this appeal is not warranted and in the exercise of our discretion we deny the request (see, Gannon v Gannon, 116 AD2d 1030, 1032). (Appeal from order of Supreme Court, Monroe County, Wagner, J.— counsel fees.) Present—Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.

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Order unanimously affirmed with costs. Memorandum: Under the circumstances of this case, we cannot conclude that the trial court’s direction that defendant pay 62% of the total cost of plaintiffs counsel fees, expert fees and disbursements was an abuse of discretion. A further award to plaintiff for counsel fees generated by this appeal is not warranted and in the exercise of our discretion we deny the request (see, Gannon v Gannon, 116 AD2d 1030, 1032). (Appeal from order of Supreme Court, Monroe County, Wagner, J.— counsel fees.) Present—Dillon, P. J., Boomer, Green, Balio and Lawton, JJ.

Bushorr v. Bushorr, 129 A.D.2d 989, 514 N.Y.S.2d 674, 1987 N.Y. App. Div. LEXIS 45671 (N.Y. Ct. App. 1987).

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