Able v. Able

Full title: ROBERT J. ABLE, Respondent, v. JOAN M. ABLE, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 1995

222 A.D.2d 1125 (N.Y. App. Div. 1995)

635 N.Y.S.2d 898

Opinion

December 22, 1995

Appeal from the Supreme Court, Erie County, Notaro, J.

Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.

Order unanimously reversed on the law with costs and application granted. Memorandum. Defendant was forced to incur counsel fees and costs based upon the failure of plaintiff to pay court-ordered maintenance and his meritless legal claims (see, Brancoveanu v Brancoveanu, 156 A.D.2d 410; Rados v Rados, 133 A.D.2d 536). We, therefore, conclude that it was an abuse of discretion to deny defendant's application for counsel fees and costs.