Zimtbaum v. Zimtbaum

Appellate Division of the Supreme Court of New York

Zimtbaum v. Zimtbaum

51 A.D.2d 1038, 381 N.Y.S.2d 667, 1976 N.Y. App. Div. LEXIS 11842

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

DecidedMarch 22, 1976

StatusPublished

This text of 51 A.D.2d 1038 (Zimtbaum v. Zimtbaum) 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

Zimtbaum v. Zimtbaum, 51 A.D.2d 1038, 381 N.Y.S.2d 667, 1976 N.Y. App. Div. LEXIS 11842 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action for a separation, the defendant husband appeals from so much of a judgment of the Supreme Court, Kings County, dated December 5, 1975, as directed him to pay (1) alimony in the sum of $600 per week, (2) an additional counsel fee in the sum of $12,500 and (3) a fee to the special guardian in the sum of $10,000. Judgment modified, on the facts, by reducing (1) the alimony award to the sum of $450 per week, (2) the additional counsel fee to $7,500 and (3) the fee to the special guardian to $5,000. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. In our opinion, in view of [1039]*1039the circumstances of the parties, the award of $600 per week for plaintiff’s support was excessive. Considering the nature of the action, the additional award to counsel was excessive, as was the award to the special guardian, considering his duties and the scope of his report. Hopkins, Acting P. J., Cohalan, Christ, Shapiro and Titone, JJ., concur.

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

In an action for a separation, the defendant husband appeals from so much of a judgment of the Supreme Court, Kings County, dated December 5, 1975, as directed him to pay (1) alimony in the sum of $600 per week, (2) an additional counsel fee in the sum of $12,500 and (3) a fee to the special guardian in the sum of $10,000. Judgment modified, on the facts, by reducing (1) the alimony award to the sum of $450 per week, (2) the additional counsel fee to $7,500 and (3) the fee to the special guardian to $5,000. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. In our opinion, in view of [1039]*1039the circumstances of the parties, the award of $600 per week for plaintiff’s support was excessive. Considering the nature of the action, the additional award to counsel was excessive, as was the award to the special guardian, considering his duties and the scope of his report. Hopkins, Acting P. J., Cohalan, Christ, Shapiro and Titone, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 1038, 381 N.Y.S.2d 667, 1976 N.Y. App. Div. LEXIS 11842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimtbaum-v-zimtbaum-nyappdiv-1976.