Summary
In Koons v. Koons (212 A.D.2d 370, 371 [1st Dept. 1995]), the Court held that a counsel fees award was not barred by a prenuptial agreement containing a mutual waiver of attorney's fees "`[i]n the event the impending marriage between the parties is terminated by divorce'".
Summary of this case from Arizin v. CovelloOpinion
February 2, 1995
Appeal from the Supreme Court, New York County (David Saxe, J.).
The award of $100,000 attorneys' fees and $10,000 experts' fees is amply justified by the financial circumstances of the parties and the volume and complexity of the issues raised in this matrimonial action, for which defendant's attorneys had already earned fees of almost $200,000 three months before the award was made (see, Tregallas v. Tregallas, 169 A.D.2d 553, citing DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879), and is not barred by the parties' prenuptial agreement containing mutual waivers of attorneys' fees "[i]n the event the impending marriage between the parties is terminated by divorce" (see, supra). Nor was it an improper exercise of discretion to refuse to vacate or stay such award when defendant was found in contempt for having removed the parties' child from the jurisdiction in violation of court order. Counsel was not responsible for their client's contempt, and their fees and those of the experts, which were ordered payable directly to counsel, had been earned prior to the contempt. An application for attorneys' fees may be prosecuted by the attorney in his or her own name, as defendant's attorneys are doing here (Domestic Relations Law § 237 [a]; see, Sadofsky v Sadofsky, 78 A.D.2d 520).
Concur — Wallach, J.P., Rubin, Kupferman and Tom, JJ.