Newburger v. Newburger

Appellate Division of the Supreme Court of New York

Newburger v. Newburger

7 A.D.2d 639, 179 N.Y.S.2d 578, 1958 N.Y. App. Div. LEXIS 4417

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

DecidedNovember 3, 1958

StatusPublished

This text of 7 A.D.2d 639 (Newburger v. Newburger) 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

Newburger v. Newburger, 7 A.D.2d 639, 179 N.Y.S.2d 578, 1958 N.Y. App. Div. LEXIS 4417 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action by a wife for separation, wherein her husband interposed counterclaims for annulment and separation, the appeal is from so much of an order as awards temporary alimony of $200 a week and a counsel fee of $10,000. Order modified by striking from the second ordering paragraph the words and figure “ Ten Thousand ($10,000) ” and by substituting therefor the words and figure “Five 'Thousand ($5,000)”. As so modified, order insofar as appealed from affirmed, without costs. On the record before us, it is our opinion that an award of $5,000 as a counsel fee is adequate, particularly in view of the fact that respondent has been given leave to make a subsequent application to .the trial court for an additional allowance. This court’s fixation of the counsel fee at $5,000 is not intended to govern the trial court’s discretion if such subsequent application shall be made. Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action by a wife for separation, wherein her husband interposed counterclaims for annulment and separation, the appeal is from so much of an order as awards temporary alimony of $200 a week and a counsel fee of $10,000. Order modified by striking from the second ordering paragraph the words and figure “ Ten Thousand ($10,000) ” and by substituting therefor the words and figure “Five 'Thousand ($5,000)”. As so modified, order insofar as appealed from affirmed, without costs. On the record before us, it is our opinion that an award of $5,000 as a counsel fee is adequate, particularly in view of the fact that respondent has been given leave to make a subsequent application to .the trial court for an additional allowance. This court’s fixation of the counsel fee at $5,000 is not intended to govern the trial court’s discretion if such subsequent application shall be made. Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

7 A.D.2d 639, 179 N.Y.S.2d 578, 1958 N.Y. App. Div. LEXIS 4417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newburger-v-newburger-nyappdiv-1958.