Wells v. Serman

Appellate Division of the Supreme Court of New York

Wells v. Serman

92 A.D.3d 555, 938 N.Y.2d 439

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

DecidedFebruary 21, 2012

StatusPublished

Cited by3 cases

This text of 92 A.D.3d 555 (Wells v. Serman) 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

Wells v. Serman, 92 A.D.3d 555, 938 N.Y.2d 439 (N.Y. Ct. App. 2012).

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Opinion

Supreme Court’s award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant’s conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under Domestic Relations Law § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds (see Silverman v Silverman, 304 AD2d 41, 47-48 [2003]). Concur— Andrias, J.E, Saxe, Acosta, Freedman and Richter, JJ.

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Supreme Court’s award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant’s conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under Domestic Relations Law § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds (see Silverman v Silverman, 304 AD2d 41, 47-48 [2003]). Concur— Andrias, J.E, Saxe, Acosta, Freedman and Richter, JJ.

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Bluebook (online)

92 A.D.3d 555, 938 N.Y.2d 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-serman-nyappdiv-2012.

Opinion

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