Smith v. Smith

Appellate Division of the Supreme Court of New York

Smith v. Smith

6 A.D.2d 818, 175 N.Y.S.2d 602, 1958 N.Y. App. Div. LEXIS 5566

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

DecidedJune 16, 1958

StatusPublished

This text of 6 A.D.2d 818 (Smith v. Smith) 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

Smith v. Smith, 6 A.D.2d 818, 175 N.Y.S.2d 602, 1958 N.Y. App. Div. LEXIS 5566 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action for a separation, the appeal is from an order which, inter alia, directed appellant to pay (1) $25 a week for the support of respondent and the infant child of the parties, and (2) a counsel fee of $300. Pursuant to an order of this court on an application by appellant for a stay pending determination of the appeal, appellant has paid $100 on account of the counsel fee and has been paying $15 a week for support. Order modified (1) by striking from the first ordering paragraph the word and figure “ twenty-five ($25.00) ” and by substituting therefor the word and figure “ twenty ($20.00) ”, (2) by striking from the second ordering paragraph the words and figure “ three hundred ($300.00) ” and by substituting therefor the words and figure “ one hundred ($100.00) ”, and (3) by adding to the second ordering paragraph a provision reserving the right to the trial court to direct payment of an additional counsel fee for services, including services rendered on this appeal. As so modified, order affirmed, without costs. In our opinion, the allowance of alimony pendente lite, upon the papers submitted on the motion, was excessive. Whether respondent is entitled to additional counsel fees for services, including services on this appeal, is left for determination by the trial court (Ranno v. Ranno, 285 App. Div. 1166; Schleimer v. Schleimer, 284 App. Div. 978; Antrones v. Antrones, 58 N. Y. S. 2d 241). Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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In an action for a separation, the appeal is from an order which, inter alia, directed appellant to pay (1) $25 a week for the support of respondent and the infant child of the parties, and (2) a counsel fee of $300. Pursuant to an order of this court on an application by appellant for a stay pending determination of the appeal, appellant has paid $100 on account of the counsel fee and has been paying $15 a week for support. Order modified (1) by striking from the first ordering paragraph the word and figure “ twenty-five ($25.00) ” and by substituting therefor the word and figure “ twenty ($20.00) ”, (2) by striking from the second ordering paragraph the words and figure “ three hundred ($300.00) ” and by substituting therefor the words and figure “ one hundred ($100.00) ”, and (3) by adding to the second ordering paragraph a provision reserving the right to the trial court to direct payment of an additional counsel fee for services, including services rendered on this appeal. As so modified, order affirmed, without costs. In our opinion, the allowance of alimony pendente lite, upon the papers submitted on the motion, was excessive. Whether respondent is entitled to additional counsel fees for services, including services on this appeal, is left for determination by the trial court (Ranno v. Ranno, 285 App. Div. 1166; Schleimer v. Schleimer, 284 App. Div. 978; Antrones v. Antrones, 58 N. Y. S. 2d 241). Nolan, P. J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

6 A.D.2d 818, 175 N.Y.S.2d 602, 1958 N.Y. App. Div. LEXIS 5566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-nyappdiv-1958.

Opinion

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