Lewis v. Lewis

Appellate Division of the Supreme Court of New York

Lewis v. Lewis

281 A.D. 811, 118 N.Y.S.2d 761, 1953 N.Y. App. Div. LEXIS 3374

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

DecidedFebruary 3, 1953

StatusPublished

This text of 281 A.D. 811 (Lewis v. Lewis) 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

Lewis v. Lewis, 281 A.D. 811, 118 N.Y.S.2d 761, 1953 N.Y. App. Div. LEXIS 3374 (N.Y. Ct. App. 1953).

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Opinion

Order modified by reducing the counsel fee to $2,500 ami, as so modified, affirmed. The amount allowed is excessive. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Van Voorhis and Breitel, JJ., dissent and vote to deny the motion for counsel fee on the grounds (1) that plaintiff does not need a counsel fee in order to prosecute the action, in view of the fact that defendant has already established a trust fund of $300,000 for her benefit, and plaintiff possesses other assets in addition, and (2) that she has not shown sufficient probability of success. [Bee post, p. 882.]

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Order modified by reducing the counsel fee to $2,500 ami, as so modified, affirmed. The amount allowed is excessive. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Van Voorhis and Breitel, JJ., dissent and vote to deny the motion for counsel fee on the grounds (1) that plaintiff does not need a counsel fee in order to prosecute the action, in view of the fact that defendant has already established a trust fund of $300,000 for her benefit, and plaintiff possesses other assets in addition, and (2) that she has not shown sufficient probability of success. [Bee post, p. 882.]

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Bluebook (online)

281 A.D. 811, 118 N.Y.S.2d 761, 1953 N.Y. App. Div. LEXIS 3374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-lewis-nyappdiv-1953.