Cass v. Cass

Appellate Division of the Supreme Court of New York

Cass v. Cass

213 A.D.2d 362, 624 N.Y.S.2d 406

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

DecidedMarch 30, 1995

StatusPublished

This text of 213 A.D.2d 362 (Cass v. Cass) 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

Cass v. Cass, 213 A.D.2d 362, 624 N.Y.S.2d 406 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (David Saxe, J.), entered November 30, 1993, which, in a proceeding to prevent defendant from relocating out of State with the parties’ child, denied plaintiff’s motion pursuant to Domestic Relations Law § 237 (b) for an award of counsel fees, unanimously affirmed, with costs.

The evidence that plaintiff engaged in tactics designed to harass defendant rather than further his own rights warrants the denial of counsel fees (see, DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881). Concur—Rosenberger, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (David Saxe, J.), entered November 30, 1993, which, in a proceeding to prevent defendant from relocating out of State with the parties’ child, denied plaintiff’s motion pursuant to Domestic Relations Law § 237 (b) for an award of counsel fees, unanimously affirmed, with costs.

The evidence that plaintiff engaged in tactics designed to harass defendant rather than further his own rights warrants the denial of counsel fees (see, DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881). Concur—Rosenberger, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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Bluebook (online)

213 A.D.2d 362, 624 N.Y.S.2d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cass-v-cass-nyappdiv-1995.

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