Opinion
12484 Dkt. No. F-47523/14 Case No. 2019-03240
11-24-2020
In re BROOKE M. also known as Brookelyn M., Petitioner–Appellant, v. CHRISTOPHER M., Respondent–Respondent.
Schoeman Updike Kaufman & Gerber, LLP, New York (Beth L. Kaufman of counsel), for appellant. Michelle F.P. Roberts, New York, for respondent.
Schoeman Updike Kaufman & Gerber, LLP, New York (Beth L. Kaufman of counsel), for appellant.
Michelle F.P. Roberts, New York, for respondent.
Renwick, J.P., Kapnick, Gesmer, Kern, JJ.
Order, Family Court, New York County (Jonathan H. Shim, J.), entered on or about May 20, 2019, which denied petitioner's objections to an order, same court (Lewis A. Borofsky, Support Magistrate), entered on or about May 25, 2018, denying her motion for attorneys' fees incurred in connection with child support litigation, unanimously reversed, on the law, without costs, and the objections granted to the extent of remanding the matter for a hearing to determine the amount of attorneys' fees to be awarded, if any.
The court erred in denying petitioner's motion for attorneys' fees without first conducting an evidentiary hearing to explore the issues of a vast financial disparity between the parties, the conduct of the parties throughout the litigation, and the reasonableness of the amount of the fees sought (see Matter of Brookelyn M. v. Christopher M., 161 A.D.3d 662, 663, 77 N.Y.S.3d 390 [1st Dept. 2018] ).