Loewentheil v. Loewentheil

Appellate Division of the Supreme Court of New York

Loewentheil v. Loewentheil

197 A.D.2d 677, 603 N.Y.S.2d 17, 1993 N.Y. App. Div. LEXIS 9938

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1993·Published·Cited by 1 cases

Opinion

—In an action for divorce and ancillary relief, the plaintiff husband appeals from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered May 24, 1991, as granted that branch of the defendant wife’s motion which was for $15,000 in pendente lite counsel fees and $5,000 in pendente lite accountants’ fees.

Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the wife’s motion which was for pendente lite counsel fees and accountants’ fees is denied.

The defendant wife made an application for counsel fees and accountants’ fees a mere two months after retaining counsel and an accountant, and after paying counsel $10,000 and the accountant $5,000. Moreover, neither the wife nor the accountant has alleged that the retainer paid to him has been exhausted (see, Wolf v Wolf, 146 AD2d 527). While the wife’s counsel made a conclusory allegation that he had already exhausted his retainer, he failed to detail the services rendered or submit time sheets to support the allegation (see, Wolf v Wolf, supra). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action for divorce and ancillary relief, the plaintiff husband appeals from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered May 24, 1991, as granted that branch of the defendant wife’s motion which was for $15,000 in pendente lite counsel fees and $5,000 in pendente lite accountants’ fees.

Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the wife’s motion which was for pendente lite counsel fees and accountants’ fees is denied.

The defendant wife made an application for counsel fees and accountants’ fees a mere two months after retaining counsel and an accountant, and after paying counsel $10,000 and the accountant $5,000. Moreover, neither the wife nor the accountant has alleged that the retainer paid to him has been exhausted (see, Wolf v Wolf, 146 AD2d 527). While the wife’s counsel made a conclusory allegation that he had already exhausted his retainer, he failed to detail the services rendered or submit time sheets to support the allegation (see, Wolf v Wolf, supra). Mangano, P. J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

Loewentheil v. Loewentheil, 197 A.D.2d 677, 603 N.Y.S.2d 17, 1993 N.Y. App. Div. LEXIS 9938 (N.Y. Ct. App. 1993).

Pincite

197 A.D.2d 677 (Loewentheil v. Loewentheil) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related