Marren v. Marren

11 A.D.3d 291, 782 N.Y.S.2d 717, 2004 N.Y. App. Div. LEXIS 11941

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 14, 2004
• Status: Published

Opinion

Corrected order, Supreme Court, New York County (Judith J. Gische, J.), entered on or about April 10, 2003, which, to the extent appealed from, awarded plaintiff $15,612 in counsel fees, unanimously affirmed, without costs.

The award of counsel fees was within the court’s discretion (Domestic Relations Law § 237) where defendant had engaged in obstructionist tactics forcing plaintiffs counsel to withdraw. The fees in question were for services on the motion seeking postjudgment relief, and in a prior plenary action related to child support issues (see O’Shea v O’Shea, 93 NY2d 187 [1999]; Avedon v Avedon, 270 AD2d 65 [2000], lv dismissed 95 NY2d 902 [2000]). Concur—Mazzarelli, J.P., Sullivan, Friedman, Gonzalez and Catterson, JJ.