Schwartz v. Schwartz

Appellate Division of the Supreme Court of New York

Schwartz v. Schwartz

51 A.D.2d 564, 378 N.Y.S.2d 743, 1976 N.Y. App. Div. LEXIS 10828

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

DecidedJanuary 19, 1976

StatusPublished

This text of 51 A.D.2d 564 (Schwartz v. Schwartz) 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

Schwartz v. Schwartz, 51 A.D.2d 564, 378 N.Y.S.2d 743, 1976 N.Y. App. Div. LEXIS 10828 (N.Y. Ct. App. 1976).

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Opinion

In an action in which the plaintiff wife was awarded a divorce by a judgment of the Supreme Court, Nassau County, entered July 9, 1975, she appeals from so much of the said judgment as awarded her a counsel fee of only $15,000, said award to be inclusive of disbursements. Judgment modified, on the facts, by (1) deleting from the eighth decretal paragraph thereof the amount "$15,000.00/xx” and substituting therefor the amount "$20,000” and (2) adding to the said paragraph a provision directing the plaintiff’s attorneys to reimburse her to the extent of $3,000. As so modified, judgment affirmed insofar as appealed from, without costs. In our view, the counsel fee awarded was inadequate to the extent indicated herein. The record indicates that, prior to the trial, plaintiff paid her counsel a retainer fee of $6,000. Plaintiff obtained this sum from a joint savings account in the names of herself and her husband. It was agreed between plaintiff and her counsel that she would be reimbursed from any counsel fee awarded by the court, up to $6,000. However, since all of the $6,000 advanced to the attorney came from the joint savings account, she is only entitled to reimbursement of one half thereof, i.e., $3,000. Defendant may, therefore, credit $3,000 toward the total award of counsel fees. Gulotta, P. J., Rabin, Hopkins, Martuscello and Cohalan, JJ., concur.

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In an action in which the plaintiff wife was awarded a divorce by a judgment of the Supreme Court, Nassau County, entered July 9, 1975, she appeals from so much of the said judgment as awarded her a counsel fee of only $15,000, said award to be inclusive of disbursements. Judgment modified, on the facts, by (1) deleting from the eighth decretal paragraph thereof the amount "$15,000.00/xx” and substituting therefor the amount "$20,000” and (2) adding to the said paragraph a provision directing the plaintiff’s attorneys to reimburse her to the extent of $3,000. As so modified, judgment affirmed insofar as appealed from, without costs. In our view, the counsel fee awarded was inadequate to the extent indicated herein. The record indicates that, prior to the trial, plaintiff paid her counsel a retainer fee of $6,000. Plaintiff obtained this sum from a joint savings account in the names of herself and her husband. It was agreed between plaintiff and her counsel that she would be reimbursed from any counsel fee awarded by the court, up to $6,000. However, since all of the $6,000 advanced to the attorney came from the joint savings account, she is only entitled to reimbursement of one half thereof, i.e., $3,000. Defendant may, therefore, credit $3,000 toward the total award of counsel fees. Gulotta, P. J., Rabin, Hopkins, Martuscello and Cohalan, JJ., concur.

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Bluebook (online)

51 A.D.2d 564, 378 N.Y.S.2d 743, 1976 N.Y. App. Div. LEXIS 10828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-schwartz-nyappdiv-1976.