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

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 1975·Published

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.

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

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.

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

49 A.D.2d 769 (O'Neil v. O'Neil) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.