Ulius v. Ulius

Appellate Division of the Supreme Court of New York

Ulius v. Ulius

80 A.D.2d 791, 438 N.Y.S.2d 468, 1981 N.Y. App. Div. LEXIS 10590

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

DecidedMarch 17, 1981

StatusPublished

This text of 80 A.D.2d 791 (Ulius v. Ulius) 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

Ulius v. Ulius, 80 A.D.2d 791, 438 N.Y.S.2d 468, 1981 N.Y. App. Div. LEXIS 10590 (N.Y. Ct. App. 1981).

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Opinion

Judgment, Supreme Court, New York County, entered June 27, 1980 fixing alimony, child support and counsel fees after a judgment of divorce, is unanimously modified, on the law and the facts, to the extent that (a) child support is fixed in the sum of $100 per week commencing with the entry of the judgment appealed from, and (b) counsel fees are awarded in the sum of $10,000 to be paid by defendant directly to plaintiff’s attorney; the judgment is otherwise affirmed, without costs. In the circumstances of this case, we think that the child support of $150 per week and counsel fees of $21,500 awarded by the judgment appealed from are excessive to the extent indicated. As to counsel fees, we note that the wife has $60,000 of her own assets (cf. Peltz v Peltz, 56 AD2d 519) that she has already paid $5,000 to her attorney, and that some of the items of legal services claimed, including an appeal from a temporary alimony and counsel fee order, do not appear to have been necessary. Concur — Ross, J.P., Carro, Lupiano, Silverman and Bloom, JJ.

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Judgment, Supreme Court, New York County, entered June 27, 1980 fixing alimony, child support and counsel fees after a judgment of divorce, is unanimously modified, on the law and the facts, to the extent that (a) child support is fixed in the sum of $100 per week commencing with the entry of the judgment appealed from, and (b) counsel fees are awarded in the sum of $10,000 to be paid by defendant directly to plaintiff’s attorney; the judgment is otherwise affirmed, without costs. In the circumstances of this case, we think that the child support of $150 per week and counsel fees of $21,500 awarded by the judgment appealed from are excessive to the extent indicated. As to counsel fees, we note that the wife has $60,000 of her own assets (cf. Peltz v Peltz, 56 AD2d 519) that she has already paid $5,000 to her attorney, and that some of the items of legal services claimed, including an appeal from a temporary alimony and counsel fee order, do not appear to have been necessary. Concur — Ross, J.P., Carro, Lupiano, Silverman and Bloom, JJ.

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Bluebook (online)

80 A.D.2d 791, 438 N.Y.S.2d 468, 1981 N.Y. App. Div. LEXIS 10590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ulius-v-ulius-nyappdiv-1981.

Opinion

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