Gruber v. Gruber

Appellate Division of the Supreme Court of New York

Gruber v. Gruber

43 A.D.2d 917, 352 N.Y.S.2d 463, 1974 N.Y. App. Div. LEXIS 5735

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

DecidedFebruary 14, 1974

StatusPublished

Cited by2 cases

This text of 43 A.D.2d 917 (Gruber v. Gruber) 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

Gruber v. Gruber, 43 A.D.2d 917, 352 N.Y.S.2d 463, 1974 N.Y. App. Div. LEXIS 5735 (N.Y. Ct. App. 1974).

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Opinion

Order, Supreme Court, New York County, entered September 18,1973, which awarded plaintiff temporary alimony and counsel fees, unanimously modified, on the law and the facts, to the extent of reducing the award of temporary alimony to $350 per week, and eliminating the award for counsel fees, with leave to apply at the trial for a counsel fee should the circumstances warrant it; and, as so modified, the order is affirmed, without costs and without disbursements. Upon the present record, the award for temporary alimony was excessive to the extent indicated. As for counsel fees, it appears that plaintiff has paid her attorneys $5,000. Plaintiff has therefore failed to show that she is unable to pay her counsel from her own funds (see Domestic Relations Law, § 237). The award of a counsel fee at this juncture must therefore be stricken. Any future request for counsel fees, under the circumstances, should be reserved for the trial. Concur — Markewich, J. P., Nunez, Kupferman, Murphy and Tilzer, JJ.

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Order, Supreme Court, New York County, entered September 18,1973, which awarded plaintiff temporary alimony and counsel fees, unanimously modified, on the law and the facts, to the extent of reducing the award of temporary alimony to $350 per week, and eliminating the award for counsel fees, with leave to apply at the trial for a counsel fee should the circumstances warrant it; and, as so modified, the order is affirmed, without costs and without disbursements. Upon the present record, the award for temporary alimony was excessive to the extent indicated. As for counsel fees, it appears that plaintiff has paid her attorneys $5,000. Plaintiff has therefore failed to show that she is unable to pay her counsel from her own funds (see Domestic Relations Law, § 237). The award of a counsel fee at this juncture must therefore be stricken. Any future request for counsel fees, under the circumstances, should be reserved for the trial. Concur — Markewich, J. P., Nunez, Kupferman, Murphy and Tilzer, JJ.

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Bluebook (online)

43 A.D.2d 917, 352 N.Y.S.2d 463, 1974 N.Y. App. Div. LEXIS 5735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gruber-v-gruber-nyappdiv-1974.

Opinion

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