Winant v. Winant

Appellate Division of the Supreme Court of New York

Winant v. Winant

83 A.D.2d 850, 442 N.Y.S.2d 15, 1981 N.Y. App. Div. LEXIS 15233

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

DecidedAugust 10, 1981

StatusPublished

Cited by2 cases

This text of 83 A.D.2d 850 (Winant v. Winant) 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

Winant v. Winant, 83 A.D.2d 850, 442 N.Y.S.2d 15, 1981 N.Y. App. Div. LEXIS 15233 (N.Y. Ct. App. 1981).

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Opinion

In actions (1) to set aside a separation agreement and modify a divorce decree (Action No. 1), and (2) for specific performance of the separation agreement (Action No. 2), the cross appeals are from an order of the Supreme Court, Nassau County (Burke, J.), entered January 15,1981, which awarded a counsel fee of $1,000 to plaintiffs in Action No. 1 and defendant in Action No. 2 for the defense of an appeal from a judgment of the same court, dated September 24, 1980. Order reversed, on the law, without costs or disbursements, and application for a counsel fee denied. There is no warrant, for the award of a counsel fee in an action to set aside a separation agreement. (See Winant v Winant, 83 AD2d 849.) This applies to services rendered at the appellate level, as well as at nisi prius. Hopkins, J. P., Titone, Gibbons and Cohalan, JJ., concur.

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In actions (1) to set aside a separation agreement and modify a divorce decree (Action No. 1), and (2) for specific performance of the separation agreement (Action No. 2), the cross appeals are from an order of the Supreme Court, Nassau County (Burke, J.), entered January 15,1981, which awarded a counsel fee of $1,000 to plaintiffs in Action No. 1 and defendant in Action No. 2 for the defense of an appeal from a judgment of the same court, dated September 24, 1980. Order reversed, on the law, without costs or disbursements, and application for a counsel fee denied. There is no warrant, for the award of a counsel fee in an action to set aside a separation agreement. (See Winant v Winant, 83 AD2d 849.) This applies to services rendered at the appellate level, as well as at nisi prius. Hopkins, J. P., Titone, Gibbons and Cohalan, JJ., concur.

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Bluebook (online)

83 A.D.2d 850, 442 N.Y.S.2d 15, 1981 N.Y. App. Div. LEXIS 15233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winant-v-winant-nyappdiv-1981.

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