Martin v. Martin

Appellate Division of the Supreme Court of New York

Martin v. Martin

201 A.D.2d 328, 608 N.Y.S.2d 837

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 328 (Martin v. Martin) 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

Martin v. Martin, 201 A.D.2d 328, 608 N.Y.S.2d 837 (N.Y. Ct. App. 1994).

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Opinion

Order, Supreme Court, Suffolk County (Paul J. Baisley, J.), entered June 10, 1992, which, inter alia, ordered that defendant shall pay Lawrence & Lawrence, P. C., attorneys for plaintiff, the sum of $3,000 as and for a portion of the plaintiff’s legal fees, unanimously modified, on the law and the facts, the award of attorney’s fees is reduced to the amount of $2,000, and otherwise affirmed, without costs.

Absent any contested issues of fact warranting a hearing, we perceive no deficiency in the procedure employed in this case, where the issue of attorney’s fees was submitted to the court for determination on the papers submitted. Giving due consideration to the disparate financial circumstances of the respective parties, an award in the amount requested was appropriate (Hills v Hills, 182 AD2d 584). We discern no basis for the court’s award of fees in an amount greater than that requested by plaintiff, and modify accordingly. Concur — Murphy, P. J., Sullivan, Ross, Rubin and Tom, JJ.

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Order, Supreme Court, Suffolk County (Paul J. Baisley, J.), entered June 10, 1992, which, inter alia, ordered that defendant shall pay Lawrence & Lawrence, P. C., attorneys for plaintiff, the sum of $3,000 as and for a portion of the plaintiff’s legal fees, unanimously modified, on the law and the facts, the award of attorney’s fees is reduced to the amount of $2,000, and otherwise affirmed, without costs.

Absent any contested issues of fact warranting a hearing, we perceive no deficiency in the procedure employed in this case, where the issue of attorney’s fees was submitted to the court for determination on the papers submitted. Giving due consideration to the disparate financial circumstances of the respective parties, an award in the amount requested was appropriate (Hills v Hills, 182 AD2d 584). We discern no basis for the court’s award of fees in an amount greater than that requested by plaintiff, and modify accordingly. Concur — Murphy, P. J., Sullivan, Ross, Rubin and Tom, JJ.

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Bluebook (online)

201 A.D.2d 328, 608 N.Y.S.2d 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-nyappdiv-1994.

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