Wood v. Wood

Appellate Division of the Supreme Court of New York

Wood v. Wood

23 A.D.2d 838, 259 N.Y.S.2d 670, 1965 N.Y. App. Div. LEXIS 4162

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

DecidedMay 18, 1965

StatusPublished

Cited by2 cases

This text of 23 A.D.2d 838 (Wood v. Wood) 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

Wood v. Wood, 23 A.D.2d 838, 259 N.Y.S.2d 670, 1965 N.Y. App. Div. LEXIS 4162 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order and judgment awarding plaintiff counsel fees in the sum of $15,000 and disbursements of $6,101.83, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of reducing the award to the sum of $10,000 for counsel fees and eliminating the award of $6,101.83 for disbursements, and, as so modified, otherwise affirmed, without costs or disbursements. In the circumstances we find the award of counsel fees to have been excessive. On the appeal from the judgment (Wood v. Wood, 22 A D 2d 660) our modification was without costs. Under CPLR 8301 (subd. [e]) the court' may allow taxation of disbursements by a party not awarded costs on appeal. However, in view of our modification without costs and without express allowance of disbursements, we deem the allowance of disbursements in the instant ease to have been an unwise exercise of discretion. Concur — Breitel, J. P., Rabin, Yalente, McNally and Stevens, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment awarding plaintiff counsel fees in the sum of $15,000 and disbursements of $6,101.83, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of reducing the award to the sum of $10,000 for counsel fees and eliminating the award of $6,101.83 for disbursements, and, as so modified, otherwise affirmed, without costs or disbursements. In the circumstances we find the award of counsel fees to have been excessive. On the appeal from the judgment (Wood v. Wood, 22 A D 2d 660) our modification was without costs. Under CPLR 8301 (subd. [e]) the court' may allow taxation of disbursements by a party not awarded costs on appeal. However, in view of our modification without costs and without express allowance of disbursements, we deem the allowance of disbursements in the instant ease to have been an unwise exercise of discretion. Concur — Breitel, J. P., Rabin, Yalente, McNally and Stevens, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 838, 259 N.Y.S.2d 670, 1965 N.Y. App. Div. LEXIS 4162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-wood-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack