Troy v. Troy

Appellate Division of the Supreme Court of New York

Troy v. Troy

210 A.D.2d 12, 619 N.Y.S.2d 560

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1994·Published

Opinion

—Order, Supreme Court, New York County (David B. Saxe, J.), entered September 27, 1993, which, inter alia, awarded defendant interim attorneys’ fees of $15,000 and interim accountants’ fees of $10,000, unanimously affirmed, with costs.

The award of interim attorneys’ and experts’ fees was a proper exercise of the court’s discretion (Domestic Relations Law §§ 237, 240). Here, in light of the fact that a determination of child support has yet to be made, the motion court, following a painstaking review of all the papers and documents submitted, properly granted the fees to defendant, having clearly taken into consideration the circumstances of [13]*13the parties, including, inter alia; (1) the work performed by the attorneys and experts, and the additional work which will be required; (2) the wife’s lack of funds to pay these fees without depleting her assets; (3) the complexity of the husband’s financial affairs and his inadequate response to interrogatories and the production of documents; and, (4) the tender ages of the children which do not permit any substantial employment by the wife, who has been a homemaker for the past 9 years (see, Merrick v Merrick, 190 AD2d 515).

We have considered all issues raised by plaintiff and find them to be meritless. Concur—Ellerin, J. P.., Wallach, Asch, Nardelli and Tom, JJ.

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—Order, Supreme Court, New York County (David B. Saxe, J.), entered September 27, 1993, which, inter alia, awarded defendant interim attorneys’ fees of $15,000 and interim accountants’ fees of $10,000, unanimously affirmed, with costs.

The award of interim attorneys’ and experts’ fees was a proper exercise of the court’s discretion (Domestic Relations Law §§ 237, 240). Here, in light of the fact that a determination of child support has yet to be made, the motion court, following a painstaking review of all the papers and documents submitted, properly granted the fees to defendant, having clearly taken into consideration the circumstances of [13]*13the parties, including, inter alia; (1) the work performed by the attorneys and experts, and the additional work which will be required; (2) the wife’s lack of funds to pay these fees without depleting her assets; (3) the complexity of the husband’s financial affairs and his inadequate response to interrogatories and the production of documents; and, (4) the tender ages of the children which do not permit any substantial employment by the wife, who has been a homemaker for the past 9 years (see, Merrick v Merrick, 190 AD2d 515).

We have considered all issues raised by plaintiff and find them to be meritless. Concur—Ellerin, J. P.., Wallach, Asch, Nardelli and Tom, JJ.

Troy v. Troy, 210 A.D.2d 12, 619 N.Y.S.2d 560 (N.Y. Ct. App. 1994).

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Opinion

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