Yarmuth v. Yarmuth

Appellate Division of the Supreme Court of New York

Yarmuth v. Yarmuth

63 A.D.2d 672, 404 N.Y.S.2d 991, 1978 N.Y. App. Div. LEXIS 11560

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

DecidedMay 8, 1978

StatusPublished

This text of 63 A.D.2d 672 (Yarmuth v. Yarmuth) 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

Yarmuth v. Yarmuth, 63 A.D.2d 672, 404 N.Y.S.2d 991, 1978 N.Y. App. Div. LEXIS 11560 (N.Y. Ct. App. 1978).

Pincite

Opinion

— In a divorce action, the defendant wife appeals from an order of the Supreme Court, Nassau County, dated October 31, 1977, which denied her motion, inter alia, for temporary alimony and counsel fees. Order modified by deleting therefrom the words "in toto”, and substituting therefor, immediately after the word "denied”, the following: "except that the issue of counsel fees is referred to the trial court.” As so modified, order affirmed, without costs or disbursements. .Under the circumstances of this case, the issue of counsel fees should have been reserved for the trial court. Hopkins, J. P., Latham, Damiani and Suozzi, JJ., concur.

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— In a divorce action, the defendant wife appeals from an order of the Supreme Court, Nassau County, dated October 31, 1977, which denied her motion, inter alia, for temporary alimony and counsel fees. Order modified by deleting therefrom the words "in toto”, and substituting therefor, immediately after the word "denied”, the following: "except that the issue of counsel fees is referred to the trial court.” As so modified, order affirmed, without costs or disbursements. .Under the circumstances of this case, the issue of counsel fees should have been reserved for the trial court. Hopkins, J. P., Latham, Damiani and Suozzi, JJ., concur.

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Bluebook (online)

63 A.D.2d 672, 404 N.Y.S.2d 991, 1978 N.Y. App. Div. LEXIS 11560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarmuth-v-yarmuth-nyappdiv-1978.