Meltzer v. Meltzer

Appellate Division of the Supreme Court of New York

Meltzer v. Meltzer

40 A.D.2d 971, 339 N.Y.S.2d 912, 1972 N.Y. App. Div. LEXIS 3051

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

DecidedDecember 19, 1972

StatusPublished

This text of 40 A.D.2d 971 (Meltzer v. Meltzer) 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

Meltzer v. Meltzer, 40 A.D.2d 971, 339 N.Y.S.2d 912, 1972 N.Y. App. Div. LEXIS 3051 (N.Y. Ct. App. 1972).

Pincite

Opinion

Judgment, Supreme Court, New York County, entered on May 12, 1972, unanimously affirmed, without costs and without disbursements. Order, Supreme Court, New York County, entered on July 25, 1972, denying defendant-appellant’s motion for payment of fees and expenses in order to prosecute this appeal, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, the motion granted, and defendant awarded a counsel fee in the sum of, $2,500, plus disbursements. [972]*972The counsel fee awarded is based upon the limited scope of the appeal presented to this court. The record does not support Special Term’s conclusion that the trial court “ considered the possibility of an appeal ” when it made an award of counsel fees following the trial. Concur — Stevens, P. J., Markewich, Kupferman and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, entered on May 12, 1972, unanimously affirmed, without costs and without disbursements. Order, Supreme Court, New York County, entered on July 25, 1972, denying defendant-appellant’s motion for payment of fees and expenses in order to prosecute this appeal, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, the motion granted, and defendant awarded a counsel fee in the sum of, $2,500, plus disbursements. [972]*972The counsel fee awarded is based upon the limited scope of the appeal presented to this court. The record does not support Special Term’s conclusion that the trial court “ considered the possibility of an appeal ” when it made an award of counsel fees following the trial. Concur — Stevens, P. J., Markewich, Kupferman and Capozzoli, JJ.

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Bluebook (online)

40 A.D.2d 971, 339 N.Y.S.2d 912, 1972 N.Y. App. Div. LEXIS 3051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meltzer-v-meltzer-nyappdiv-1972.