Meltzer v. Meltzer

Appellate Division of the Supreme Court of New York

Meltzer v. Meltzer

41 A.D.2d 522, 340 N.Y.S.2d 372, 1973 N.Y. App. Div. LEXIS 5278

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

DecidedJanuary 18, 1973

StatusPublished

This text of 41 A.D.2d 522 (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, 41 A.D.2d 522, 340 N.Y.S.2d 372, 1973 N.Y. App. Div. LEXIS 5278 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judg-. ment, 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-appel- -. Iant’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. The order of this court entered on December 19, 1972, is vacated. The 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., Markewieh, Kupferman and Capozzoli, JJ. [40 A D 2d 971.];

Free access — add to your briefcase to read the full text and ask questions with AI

Judg-. ment, 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-appel- -. Iant’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. The order of this court entered on December 19, 1972, is vacated. The 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., Markewieh, Kupferman and Capozzoli, JJ. [40 A D 2d 971.];

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.2d 522, 340 N.Y.S.2d 372, 1973 N.Y. App. Div. LEXIS 5278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meltzer-v-meltzer-nyappdiv-1973.