From Casetext: Smarter Legal Research

Johnson v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 2003
307 A.D.2d 1028 (N.Y. App. Div. 2003)

Opinion

2002-02737

Submitted March 5, 2003.

August 25, 2003.

In an action for a divorce and ancillary relief, the plaintiff and her attorney, the nonparty Tabat, Cohen, Blum Kramer, LLP, appeal from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated February 15, 2002, which, inter alia, awarded the nonparty an attorney's fee in the sum of $19,645, with $15,900 to be paid by the defendant.

Tabat, Cohen, Blum Kramer, West Islip, N.Y. (Michelle J. Pessah of counsel), nonparty-appellant pro se, and for plaintiff-appellant.

Before: ANITA R. FLORIO, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof awarding the plaintiff's attorney a fee in the sum of $19,645, with $15,900 payable by the defendant, and substituting therefor a provision awarding the plaintiff's attorney a fee in the sum of $25,000, with $20,250 payable by the defendant; as so modified, the order is affirmed, without costs or disbursements.

The Supreme Court improvidently exercised its discretion in awarding an attorney's fee in the sum of only $19,645 to the plaintiff's attorney. Accordingly, we increase it to the extent hereinabove indicated.

The appellants' remaining contention is without merit.

FLORIO, J.P., CRANE, COZIER and RIVERA, JJ., concur.


Summaries of

Johnson v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Aug 25, 2003
307 A.D.2d 1028 (N.Y. App. Div. 2003)
Case details for

Johnson v. Johnson

Case Details

Full title:STEPHANIE JOHNSON, plaintiff-appellant, v. BRUCE JOHNSON, respondent…

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

Date published: Aug 25, 2003

Citations

307 A.D.2d 1028 (N.Y. App. Div. 2003)
763 N.Y.S.2d 774