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Meltzer v. Meltzer

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1973
41 A.D.2d 522 (N.Y. App. Div. 1973)

Opinion

January 18, 1973 (Republished)


Judgment, Supreme Court, New York County, entered on May 12, 1972, unanimously affirmed, without costs and without disbursements. Order, Supreme Court, New York County, entered on July 25, 1972, denying defendant-appellant's motion for payment of fees and expenses in order to prosecute this appeal, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs and without disbursements, the motion granted, and defendant awarded a counsel fee in the sum of $2,500. The order of this court entered on December 19, 1972, is vacated. The counsel fee awarded is based upon the limited scope of the appeal presented to this court. The record does not support Special Term's conclusion that the trial court "considered the possibility of an appeal" when it made an award of counsel fees following the trial.

Concur — Stevens, P.J., Markewich, Kupferman and Capozzoli, JJ. [ 40 A.D.2d 971.]


Summaries of

Meltzer v. Meltzer

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1973
41 A.D.2d 522 (N.Y. App. Div. 1973)
Case details for

Meltzer v. Meltzer

Case Details

Full title:STEVEN MELTZER, Respondent, v. JUDITH MELTZER, Appellant

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

Date published: Jan 18, 1973

Citations

41 A.D.2d 522 (N.Y. App. Div. 1973)