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

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1981·Published

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.

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

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