Kobel v. Martelli

Appellate Division of the Supreme Court of New York

Kobel v. Martelli

112 A.D.2d 756, 492 N.Y.S.2d 256, 1985 N.Y. App. Div. LEXIS 56127

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

DecidedJuly 12, 1985

StatusPublished

Cited by1 cases

This text of 112 A.D.2d 756 (Kobel v. Martelli) 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

Kobel v. Martelli, 112 A.D.2d 756, 492 N.Y.S.2d 256, 1985 N.Y. App. Div. LEXIS 56127 (N.Y. Ct. App. 1985).

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Opinion

Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family [757]*757Court for a hearing, in accordance with the following memorandum: While it was not an abuse of discretion to award counsel fees to petitioner based on the relative financial circumstances of the parties (see, Matter of Kwit v Kwit, 91 AD2d 1175), it was an abuse of discretion to award the amount of counsel fees requested, without affording respondent the opportunity to elicit further information on the reasonable value of those services (see, Weinberg v Weinberg, 95 AD2d 828, 829). (Appeal from order of Erie County Family Court, Killeen, J. — counsel fees.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Pine, JJ.

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Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family [757]*757Court for a hearing, in accordance with the following memorandum: While it was not an abuse of discretion to award counsel fees to petitioner based on the relative financial circumstances of the parties (see, Matter of Kwit v Kwit, 91 AD2d 1175), it was an abuse of discretion to award the amount of counsel fees requested, without affording respondent the opportunity to elicit further information on the reasonable value of those services (see, Weinberg v Weinberg, 95 AD2d 828, 829). (Appeal from order of Erie County Family Court, Killeen, J. — counsel fees.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Pine, JJ.

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Bluebook (online)

112 A.D.2d 756, 492 N.Y.S.2d 256, 1985 N.Y. App. Div. LEXIS 56127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kobel-v-martelli-nyappdiv-1985.

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