Gandell v. Gandell

Appellate Division of the Supreme Court of New York

Gandell v. Gandell

247 A.D.2d 913, 668 N.Y.S.2d 533, 1998 N.Y. App. Div. LEXIS 1257

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

DecidedFebruary 4, 1998

StatusPublished

Cited by2 cases

This text of 247 A.D.2d 913 (Gandell v. Gandell) 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

Gandell v. Gandell, 247 A.D.2d 913, 668 N.Y.S.2d 533, 1998 N.Y. App. Div. LEXIS 1257 (N.Y. Ct. App. 1998).

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Opinion

Order unanimously modified on the law and as modified affirmed with costs to defendant and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We affirm that part of the order that denied plaintiffs motion to reopen the parties’ stipulation of settlement for the reasons stated in the decision at Supreme Court.

Given the lack of merit of plaintiffs motion and also of plaintiffs appeal, the court should have granted defendant’s cross motion for counsel fees on plaintiffs motion and we award defendant counsel fees on the appeal. We remit the matter to Supreme Court for a hearing to determine reasonable counsel fees for defendant both on the motion and on the appeal. (Appeals from Order of Supreme Court, Monroe County, Frazee, J. — Counsel Fees.)

Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.

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Order unanimously modified on the law and as modified affirmed with costs to defendant and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We affirm that part of the order that denied plaintiffs motion to reopen the parties’ stipulation of settlement for the reasons stated in the decision at Supreme Court.

Given the lack of merit of plaintiffs motion and also of plaintiffs appeal, the court should have granted defendant’s cross motion for counsel fees on plaintiffs motion and we award defendant counsel fees on the appeal. We remit the matter to Supreme Court for a hearing to determine reasonable counsel fees for defendant both on the motion and on the appeal. (Appeals from Order of Supreme Court, Monroe County, Frazee, J. — Counsel Fees.)

Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.

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Bluebook (online)

247 A.D.2d 913, 668 N.Y.S.2d 533, 1998 N.Y. App. Div. LEXIS 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gandell-v-gandell-nyappdiv-1998.

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