Opinion
12103 Index No. 300055/14 Case No. 2019-2685
10-20-2020
Anna LVOVSKY, Plaintiff–Respondent, v. Gennady LVOVSKY, Defendant–Appellant.
Sol Kodsi, New York, for appellant. The Wallack Firm, P.C., New York (Robert M. Wallack of counsel), for respondent.
Sol Kodsi, New York, for appellant.
The Wallack Firm, P.C., New York (Robert M. Wallack of counsel), for respondent.
Kapnick, J.P., Singh, Kennedy, Mendez, JJ.
Order, Supreme Court, New York County (Tandra Dawson, J.), entered January 16, 2019, which, to the extent appealed from, awarded plaintiff wife $150,000 in interim counsel fees, unanimously affirmed, with costs.
The court providently exercised its discretion in awarding interim counsel fees to plaintiff, considering the circumstances of the case and the respective financial positions of the parties (see Domestic Relations Law § 237 ; Evgeny F. v. Inessa B., 127 A.D.3d 617, 8 N.Y.S.3d 182 [1st Dept. 2015] ). Contrary to defendant's contention, the record supports the court's determination that he was in a superior financial position, had transferred significant sums out of his account for two years after commencement of the matrimonial action, and had refused to comply with the court's support orders ( O'Shea v. O'Shea, 93 N.Y.2d 187, 193, 689 N.Y.S.2d 8, 711 N.E.2d 193 [1999] ). Even if plaintiff had access to funds, as defendant claims, there would be no requirement that she spend down a substantial portion of those assets ( Charpié v. Charpié , 271 A.D.2d 169, 172, 710 N.Y.S.2d 363 [1st Dept. 2000] ).
We have considered defendant's remaining contentions and find them unavailing.