Furst v. Furst

Appellate Division of the Supreme Court of New York

Furst v. Furst

88 A.D.2d 946, 451 N.Y.S.2d 382, 1982 N.Y. App. Div. LEXIS 17308

Appellate Division of the Supreme Court of the State of New York·Decided June 14, 1982·Published·Cited by 6 cases

Opinion

— In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Queens County (Lerner, J.), entered April 23, 1981, which denied his motion for downward modification of alimony payments and directed him to pay the sum of $2,500 to defendant wife as counsel fees. Order modified, on the law, by deleting the second decretal paragraph thereof. As so modified, order affirmed, without costs or disbursements. The award of counsel fees to defendant was improper. She failed to demonstrate an inability to pay such fees (see Standley v Standley, 83 AD2d 863; Palmer v Palmer, 76 AD2d 905). Gibbons, J. P., Weinstein, O’Connor and Boyers, JJ., concur.

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— In a matrimonial action, plaintiff husband appeals from an order of the Supreme Court, Queens County (Lerner, J.), entered April 23, 1981, which denied his motion for downward modification of alimony payments and directed him to pay the sum of $2,500 to defendant wife as counsel fees. Order modified, on the law, by deleting the second decretal paragraph thereof. As so modified, order affirmed, without costs or disbursements. The award of counsel fees to defendant was improper. She failed to demonstrate an inability to pay such fees (see Standley v Standley, 83 AD2d 863; Palmer v Palmer, 76 AD2d 905). Gibbons, J. P., Weinstein, O’Connor and Boyers, JJ., concur.

Furst v. Furst, 88 A.D.2d 946, 451 N.Y.S.2d 382, 1982 N.Y. App. Div. LEXIS 17308 (N.Y. Ct. App. 1982).

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88 A.D.2d 946 (Furst v. Furst) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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