Zang v. Zang

Appellate Division of the Supreme Court of New York

Zang v. Zang

63 A.D.2d 561, 404 N.Y.S.2d 357, 1978 N.Y. App. Div. LEXIS 11388

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

DecidedMay 2, 1978

StatusPublished

Cited by2 cases

This text of 63 A.D.2d 561 (Zang v. Zang) 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

Zang v. Zang, 63 A.D.2d 561, 404 N.Y.S.2d 357, 1978 N.Y. App. Div. LEXIS 11388 (N.Y. Ct. App. 1978).

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Opinion

Order, Supreme Court, New York County, entered April 19, 1977, granting a $350 counsel fee, pursuant to a motion by plaintiff’s counsel, for legal services rendered to the plaintiff in opposing a motion made by defendant for leave to appeal to the Court of Appeals, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs and disbursements, and the motion denied. In awarding the counsel fee, Special Term incorrectly observed that "this is the first application by plaintiff, wife, for a counsel fee,” whereas a prior $1,000 counsel fee was awarded. Further, where the wife is not indigent and is able to pay her own counsel, no award should be made (see Kann v Kann, 38 AD2d 545). In view of this and of the counsel fees already paid by plaintiff to her counsel, no basis is presented which would warrant award of the counsel fee directed by Special Term. Indeed, even assuming the award of counsel fee to be proper, it is clear that the amount of $350 is excessive. Concur—Lupiano, J. P., Fein, Lane, Lynch and Sandler, JJ.

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Order, Supreme Court, New York County, entered April 19, 1977, granting a $350 counsel fee, pursuant to a motion by plaintiff’s counsel, for legal services rendered to the plaintiff in opposing a motion made by defendant for leave to appeal to the Court of Appeals, unanimously reversed, on the law, on the facts, and in the exercise of discretion, without costs and disbursements, and the motion denied. In awarding the counsel fee, Special Term incorrectly observed that "this is the first application by plaintiff, wife, for a counsel fee,” whereas a prior $1,000 counsel fee was awarded. Further, where the wife is not indigent and is able to pay her own counsel, no award should be made (see Kann v Kann, 38 AD2d 545). In view of this and of the counsel fees already paid by plaintiff to her counsel, no basis is presented which would warrant award of the counsel fee directed by Special Term. Indeed, even assuming the award of counsel fee to be proper, it is clear that the amount of $350 is excessive. Concur—Lupiano, J. P., Fein, Lane, Lynch and Sandler, JJ.

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Bluebook (online)

63 A.D.2d 561, 404 N.Y.S.2d 357, 1978 N.Y. App. Div. LEXIS 11388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zang-v-zang-nyappdiv-1978.

Opinion

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