Epstein v. Corbelli

Appellate Division of the Supreme Court of New York

Epstein v. Corbelli

25 A.D.2d 517, 267 N.Y.S.2d 482, 1966 N.Y. App. Div. LEXIS 4951

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

DecidedFebruary 15, 1966

StatusPublished

This text of 25 A.D.2d 517 (Epstein v. Corbelli) 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

Epstein v. Corbelli, 25 A.D.2d 517, 267 N.Y.S.2d 482, 1966 N.Y. App. Div. LEXIS 4951 (N.Y. Ct. App. 1966).

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Opinion

Order, entered on June 2, 1965, modified, on the law, the facts ■and in the exercise of discretion, to reduee the award of counsel fee from $500 to $200, and as so modified, is otherwise affirmed, without costs or disbursements to either party. While we conclude the court had the power to allow a counsel fee (Family Ct. Act, § 536; Matter of Giacoman v. Boer, 23 A D 2d 737), in light of the record in this ease the amount awarded was clearly excessive to the extent indicated. We note that respondent-appellant has previously paid a $350 counsel fee in connection with this matter, and observe that the present allowance does not contemplate any further application for counsel fees.

Concur — Breitel, J. P., Rabin, Stevens and Eager, JJ.; Yalente, J., deceased.

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Order, entered on June 2, 1965, modified, on the law, the facts ■and in the exercise of discretion, to reduee the award of counsel fee from $500 to $200, and as so modified, is otherwise affirmed, without costs or disbursements to either party. While we conclude the court had the power to allow a counsel fee (Family Ct. Act, § 536; Matter of Giacoman v. Boer, 23 A D 2d 737), in light of the record in this ease the amount awarded was clearly excessive to the extent indicated. We note that respondent-appellant has previously paid a $350 counsel fee in connection with this matter, and observe that the present allowance does not contemplate any further application for counsel fees.

Concur — Breitel, J. P., Rabin, Stevens and Eager, JJ.; Yalente, J., deceased.

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Bluebook (online)

25 A.D.2d 517, 267 N.Y.S.2d 482, 1966 N.Y. App. Div. LEXIS 4951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/epstein-v-corbelli-nyappdiv-1966.