Ruden v. Ruden

Appellate Division of the Supreme Court of New York

Ruden v. Ruden

55 A.D.2d 910, 390 N.Y.S.2d 451, 1977 N.Y. App. Div. LEXIS 10153

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

DecidedJanuary 17, 1977

StatusPublished

This text of 55 A.D.2d 910 (Ruden v. Ruden) 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

Ruden v. Ruden, 55 A.D.2d 910, 390 N.Y.S.2d 451, 1977 N.Y. App. Div. LEXIS 10153 (N.Y. Ct. App. 1977).

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Opinion

In a matrimonial action in which plaintiff was awarded a judgment of divorce, defendant appeals from so much of the said judgment of the Supreme Court, Suffolk County, entered April 6, 1976, as awarded alimony and a counsel fee. Judgment modified, on the law and the facts, by reducing (1) the award of alimony to the amount of $50 per week and (2) the award of a counsel fee to the amount of $3,500. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. In this marriage of only three and one-half years’ duration, and considering all other relevant factors, the alimony award of $100 per week was excessive. On the question of counsel fees, the amount awarded has been reduced by $500, representing the retainer fee paid by plaintiff to her attorney. Whereas plaintiff’s payment of a retainer fee does not preclude reimbursement (see Press v Press, 49 AD2d 603), in the case at bar, plaintiff, after the separation, appropriated funds belonging to defendant. Hopkins, Acting P. J., Martuscello, Cohalan, Margett and Shapiro, JJ., concur.

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In a matrimonial action in which plaintiff was awarded a judgment of divorce, defendant appeals from so much of the said judgment of the Supreme Court, Suffolk County, entered April 6, 1976, as awarded alimony and a counsel fee. Judgment modified, on the law and the facts, by reducing (1) the award of alimony to the amount of $50 per week and (2) the award of a counsel fee to the amount of $3,500. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. In this marriage of only three and one-half years’ duration, and considering all other relevant factors, the alimony award of $100 per week was excessive. On the question of counsel fees, the amount awarded has been reduced by $500, representing the retainer fee paid by plaintiff to her attorney. Whereas plaintiff’s payment of a retainer fee does not preclude reimbursement (see Press v Press, 49 AD2d 603), in the case at bar, plaintiff, after the separation, appropriated funds belonging to defendant. Hopkins, Acting P. J., Martuscello, Cohalan, Margett and Shapiro, JJ., concur.

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Bluebook (online)

55 A.D.2d 910, 390 N.Y.S.2d 451, 1977 N.Y. App. Div. LEXIS 10153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruden-v-ruden-nyappdiv-1977.

Opinion

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