Shapiro v. Shapiro

Appellate Division of the Supreme Court of New York

Shapiro v. Shapiro

88 A.D.2d 592, 449 N.Y.S.2d 806, 1982 N.Y. App. Div. LEXIS 16766

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

DecidedMay 3, 1982

StatusPublished

This text of 88 A.D.2d 592 (Shapiro v. Shapiro) 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

Shapiro v. Shapiro, 88 A.D.2d 592, 449 N.Y.S.2d 806, 1982 N.Y. App. Div. LEXIS 16766 (N.Y. Ct. App. 1982).

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Opinion

— In an action, inter alia, for a divorce, defendant appeals from an order of the Supreme Court, Kings County (Hirsch, J.), dated October 19, 1981, which (1) granted plaintiff’s motion for summary judgment on her third cause of action and [593]*593directed defendant “to schedule an appointment with the Rabbinic Council of America and * * * to perform all the ritual acts of the ‘Get’ ceremony” and (2) gave plaintiff leave to submit a motion for counsel fees after she has obtained a divorce. Order modified by adding to the second decretal paragraph, after the words “counsel fees” the following: “with respect to her first and second causes of action only”. As so modified, order affirmed, with $50 costs and disbursements to plaintiff. There is no statutory authority to award counsel fees upon a nonmatrimonial cause of action (Lambert v Lambert, 45 AD2d 715). To the extent that plaintiff seeks to enforce a foreign decree directing defendant to give plaintiff a “Get”, it is not a matrimonial action and counsel fees cannot be awarded with respect to this cause of action. Gibbons, J. P., Gulotta, O’Connor and Boyers, JJ., concur.

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— In an action, inter alia, for a divorce, defendant appeals from an order of the Supreme Court, Kings County (Hirsch, J.), dated October 19, 1981, which (1) granted plaintiff’s motion for summary judgment on her third cause of action and [593]*593directed defendant “to schedule an appointment with the Rabbinic Council of America and * * * to perform all the ritual acts of the ‘Get’ ceremony” and (2) gave plaintiff leave to submit a motion for counsel fees after she has obtained a divorce. Order modified by adding to the second decretal paragraph, after the words “counsel fees” the following: “with respect to her first and second causes of action only”. As so modified, order affirmed, with $50 costs and disbursements to plaintiff. There is no statutory authority to award counsel fees upon a nonmatrimonial cause of action (Lambert v Lambert, 45 AD2d 715). To the extent that plaintiff seeks to enforce a foreign decree directing defendant to give plaintiff a “Get”, it is not a matrimonial action and counsel fees cannot be awarded with respect to this cause of action. Gibbons, J. P., Gulotta, O’Connor and Boyers, JJ., concur.

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Bluebook (online)

88 A.D.2d 592, 449 N.Y.S.2d 806, 1982 N.Y. App. Div. LEXIS 16766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shapiro-v-shapiro-nyappdiv-1982.

Opinion

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