Lifshutz v. Rockfield

Appellate Division of the Supreme Court of New York

Lifshutz v. Rockfield

300 A.D.2d 366, 751 N.Y.S.2d 759

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

DecidedDecember 9, 2002

StatusPublished

This text of 300 A.D.2d 366 (Lifshutz v. Rockfield) 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

Lifshutz v. Rockfield, 300 A.D.2d 366, 751 N.Y.S.2d 759 (N.Y. Ct. App. 2002).

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Opinion

—In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Stack, J.), dated August 7, 2001, as, upon reargument of the defendant’s prior motion for an award of an interim counsel fee, vacated so much of a prior order of the same court dated June 5, 2001, as denied the defendant’s motion, and awarded her an interim counsel fee in the sum of $5,000.

Ordered that the order is reversed insofar as appealed from, with costs, and, upon reargument, the original determination contained in the order dated June 5, 2001, denying the defendant’s motion for an interim counsel fee, is adhered to.

The Supreme Court erred in granting an interim counsel fee, as the defendant failed to submit a net worth statement or other documentation establishing that such an award was necessary to properly defend the action (see 22 NYCRR 202.16 [k] [2]; George v George, 192 AD2d 693, 694). S. Miller, J.P., Crane, Cozier and Rivera, JJ., concur.

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—In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Stack, J.), dated August 7, 2001, as, upon reargument of the defendant’s prior motion for an award of an interim counsel fee, vacated so much of a prior order of the same court dated June 5, 2001, as denied the defendant’s motion, and awarded her an interim counsel fee in the sum of $5,000.

Ordered that the order is reversed insofar as appealed from, with costs, and, upon reargument, the original determination contained in the order dated June 5, 2001, denying the defendant’s motion for an interim counsel fee, is adhered to.

The Supreme Court erred in granting an interim counsel fee, as the defendant failed to submit a net worth statement or other documentation establishing that such an award was necessary to properly defend the action (see 22 NYCRR 202.16 [k] [2]; George v George, 192 AD2d 693, 694). S. Miller, J.P., Crane, Cozier and Rivera, JJ., concur.

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Bluebook (online)

300 A.D.2d 366, 751 N.Y.S.2d 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lifshutz-v-rockfield-nyappdiv-2002.

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