O'Neil v. O'Neil

Appellate Division of the Supreme Court of New York

O'Neil v. O'Neil

49 A.D.2d 769, 372 N.Y.S.2d 727, 1975 N.Y. App. Div. LEXIS 10767

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

DecidedSeptember 29, 1975

StatusPublished

This text of 49 A.D.2d 769 (O'Neil v. O'Neil) 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

O'Neil v. O'Neil, 49 A.D.2d 769, 372 N.Y.S.2d 727, 1975 N.Y. App. Div. LEXIS 10767 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action in which a judgment of the Supreme Court, Nassau County, was entered June 6, 1974 granting defendant a divorce predicated upon a written separation agreement, plaintiff appeals from so much of the judgment as awarded defendant alimony of $20 per week, child support of $55 per week and a counsel fee of $1,000. Judgment modified, on the facts, by reducing the award for child support to $40 per week and the counsel fee to $500. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, defendant did not show that the amount provided for in the separation agreement for child support was insufficient (Family Ct. Act, § 461). Further, we find the award of a counsel fee in this simple divorce action to be excessive. Rabin, Acting P. J., Latham, Cohalan, Margett and Christ, JJ., concur.

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In an action in which a judgment of the Supreme Court, Nassau County, was entered June 6, 1974 granting defendant a divorce predicated upon a written separation agreement, plaintiff appeals from so much of the judgment as awarded defendant alimony of $20 per week, child support of $55 per week and a counsel fee of $1,000. Judgment modified, on the facts, by reducing the award for child support to $40 per week and the counsel fee to $500. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, defendant did not show that the amount provided for in the separation agreement for child support was insufficient (Family Ct. Act, § 461). Further, we find the award of a counsel fee in this simple divorce action to be excessive. Rabin, Acting P. J., Latham, Cohalan, Margett and Christ, JJ., concur.

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Bluebook (online)

49 A.D.2d 769, 372 N.Y.S.2d 727, 1975 N.Y. App. Div. LEXIS 10767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneil-v-oneil-nyappdiv-1975.