Brody v. Brenner

Full title: CHARISSE M. BRODY, Respondent, v. DAVID N. BRENNER, Appellant

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

Date published: Mar 16, 1995

213 A.D.2d 258 (N.Y. App. Div. 1995)

624 N.Y.S.2d 817

Opinion

March 16, 1995

Appeal from the Supreme Court, New York County (Walter Schackman, J.).

There is no reason in this case to disturb the conclusions of the IAS Court in this matter concerning counsel's time, effort and skills (see, Feldman v. Feldman, 194 A.D.2d 207, 219). A noncustodial parent can be awarded fees for unsuccessful custody litigation in "a proper case" (Sheil v. Sheil, 29 A.D.2d 950, 951), such as this.

We have considered defendant's remaining arguments, and find them to be without merit.

Concur — Sullivan, J.P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.