McAlonen v. McAlonen

278 A.D. 716, 1951 N.Y. App. Div. LEXIS 4467

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 26, 1951
• Status: Published

Opinion

Order denying plaintiff’s motion for leave to renew, on additional papers, a previous motion for a counsel fee for services in opposing a motion by defendant to reduce alimony and for other relief, which previous motion had been denied by order dated January 15, 1951, insofar as appealed from, reversed on the law and the facts, with $10 costs and disbursements, the motion granted, with $10 costs, and a counsel fee of $200 awarded, to be paid within ten days after the date of the entry of the order hereon. In our opinion, under the circumstances disclosed, the denial of a counsel fee was an improvident exercise of discretion. Nolan, P. J., Carswell, Johnston, Adel and MaeCrate, JJ., concur.