Mazzei v. Mazzei

Appellate Division of the Supreme Court of New York

Mazzei v. Mazzei

284 A.D. 984, 135 N.Y.S.2d 122, 1954 N.Y. App. Div. LEXIS 4306

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

DecidedNovember 22, 1954

StatusPublished

This text of 284 A.D. 984 (Mazzei v. Mazzei) 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

Mazzei v. Mazzei, 284 A.D. 984, 135 N.Y.S.2d 122, 1954 N.Y. App. Div. LEXIS 4306 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an action for separation, defendant has interposed a counterclaim for annulment. He appeals from an order granting plaintiff alimony of $100 a week and a counsel fee of $7,000, without prejudice to further application to the trial court for an increase in the amount of counsel fee. Order modified by striking from the first ordering paragraph the figures “ $7,000 ” and “ $3,500 ” and by substituting in place thereof respectively the figures “ $4,500 ” and “ $2,250 ”. As so modified, order affirmed, without costs. In our opinion, the award for counsel fee in the amount of $7,000 appears to be excessive at this time. Nolan, P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.

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In an action for separation, defendant has interposed a counterclaim for annulment. He appeals from an order granting plaintiff alimony of $100 a week and a counsel fee of $7,000, without prejudice to further application to the trial court for an increase in the amount of counsel fee. Order modified by striking from the first ordering paragraph the figures “ $7,000 ” and “ $3,500 ” and by substituting in place thereof respectively the figures “ $4,500 ” and “ $2,250 ”. As so modified, order affirmed, without costs. In our opinion, the award for counsel fee in the amount of $7,000 appears to be excessive at this time. Nolan, P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.

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Bluebook (online)

284 A.D. 984, 135 N.Y.S.2d 122, 1954 N.Y. App. Div. LEXIS 4306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazzei-v-mazzei-nyappdiv-1954.