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Kniffen v. Kniffen

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1992
179 A.D.2d 416 (N.Y. App. Div. 1992)

Opinion

January 14, 1992

Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).


Considering that the marital home, a cooperative apartment, was purchased in plaintiff's name only approximately six months prior to the marriage, we do not disturb the Trial Court's determination crediting plaintiff's testimony that checks drawn on defendant's account and applied at the closing towards the purchase of the apartment constituted funds derived from plaintiff's trust income. Furthermore, defendant apparently acted only as plaintiff's attorney at the closing.

However, we remand for a hearing to determine plaintiff's counsel fee application. The Trial Court recognized that the fee, in part, represented duplicative services and costs, but chose not to "parse" through the fee request to insure that it represented reasonable fees for legal services actually performed. Notwithstanding that the judgment provides for the payment of both parties' counsel fees out of the proceeds of the sale of the Water Mill property, an evaluation of plaintiff's counsel fee request must be made to insure reimbursement of reasonable counsel fees only (Partridge v. Myerson, 162 A.D.2d 507, 510, lv denied 76 N.Y.2d 710).

Concur — Carro, J.P., Ellerin, Wallach, Ross and Rubin, JJ.


Summaries of

Kniffen v. Kniffen

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1992
179 A.D.2d 416 (N.Y. App. Div. 1992)
Case details for

Kniffen v. Kniffen

Case Details

Full title:BARBARA KNIFFEN, Respondent, v. BRUCE KNIFFEN, Appellant

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

Date published: Jan 14, 1992

Citations

179 A.D.2d 416 (N.Y. App. Div. 1992)
578 N.Y.S.2d 552

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