Walsh v. Walsh

Appellate Division of the Supreme Court of New York

Walsh v. Walsh

76 A.D.2d 1020, 429 N.Y.S.2d 889, 1980 N.Y. App. Div. LEXIS 12141

Appellate Division of the Supreme Court of the State of New York·Decided June 26, 1980·Published·Cited by 1 cases

Opinion

Appeal from an order of the Supreme Court at Special Term, entered July 17, 1979 in Montgomery County, which conditionally granted defendant’s motion to vacate a judgment of divorce upon his payment of $600 for plaintiffs counsel fees. Since plaintiffs papers opposing this motion only requested an award of $550 in counsel fees, it was error for Special Term to award a sum for that purpose in excess of that demand. Order modified, on the law and the facts, by reducing the award of counsel fees from $600 to $550, and, as so modified, affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Herlihy, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered July 17, 1979 in Montgomery County, which conditionally granted defendant’s motion to vacate a judgment of divorce upon his payment of $600 for plaintiffs counsel fees. Since plaintiffs papers opposing this motion only requested an award of $550 in counsel fees, it was error for Special Term to award a sum for that purpose in excess of that demand. Order modified, on the law and the facts, by reducing the award of counsel fees from $600 to $550, and, as so modified, affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Herlihy, JJ., concur.

Walsh v. Walsh, 76 A.D.2d 1020, 429 N.Y.S.2d 889, 1980 N.Y. App. Div. LEXIS 12141 (N.Y. Ct. App. 1980).

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Opinion

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