Levy v. Levy

Appellate Division of the Supreme Court of New York

Levy v. Levy

140 A.D.2d 210, 528 N.Y.S.2d 323, 1988 N.Y. App. Div. LEXIS 5110

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

DecidedMay 17, 1988

StatusPublished

Cited by1 cases

This text of 140 A.D.2d 210 (Levy v. Levy) 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.

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Levy v. Levy, 140 A.D.2d 210, 528 N.Y.S.2d 323, 1988 N.Y. App. Div. LEXIS 5110 (N.Y. Ct. App. 1988).

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Opinion

Appeal from the order of the Supreme Court, New York County (Carmen B. Ciparick, J.), entered February 20, 1987, is dismissed as superseded, without costs or disbursements.

While plaintiff urges that the award of interim maintenance to the defendant wife was excessive, we do not find that the court’s award was an abuse of its discretion. We also do not disturb its award of interim accountants’ fees. However, we [211]*211find that the IAS court did err in its award to the wife of interim counsel fees of $8,000. The defendant had already paid her counsel $12,500 and the additional amount awarded was excessive at this stage of the litigation. Defendant can make a further application when and if the need arises. (See, Goldberg v Goldberg, 76 AD2d 776.) Concur — Murphy, P. J., Sandler, Sullivan, Asch and Milonas, JJ.

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Appeal from the order of the Supreme Court, New York County (Carmen B. Ciparick, J.), entered February 20, 1987, is dismissed as superseded, without costs or disbursements.

While plaintiff urges that the award of interim maintenance to the defendant wife was excessive, we do not find that the court’s award was an abuse of its discretion. We also do not disturb its award of interim accountants’ fees. However, we [211]*211find that the IAS court did err in its award to the wife of interim counsel fees of $8,000. The defendant had already paid her counsel $12,500 and the additional amount awarded was excessive at this stage of the litigation. Defendant can make a further application when and if the need arises. (See, Goldberg v Goldberg, 76 AD2d 776.) Concur — Murphy, P. J., Sandler, Sullivan, Asch and Milonas, JJ.

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Bluebook (online)

140 A.D.2d 210, 528 N.Y.S.2d 323, 1988 N.Y. App. Div. LEXIS 5110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-levy-nyappdiv-1988.

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