From Casetext: Smarter Legal Research

Stots v. Daniels

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 2008
48 A.D.3d 248 (N.Y. App. Div. 2008)

Opinion

February 7, 2008.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered on or about September 14, 2006, which granted plaintiff's cross motion for attorneys' fees and directed a hearing on the reasonable value thereof, unanimously affirmed, without costs.

Before: Andrias, J.P., Nardelli, Williams and Acosta, JJ.


The award of attorneys' fees was a proper exercise of discretion under Domestic Relations Law § 238. We have considered defendant's argument that the parties' relative financial circumstances do not warrant a discretionary award such as this, and find it unavailing. We note the absence of an express finding by the motion court as to whether defendant's default was willful within the meaning of Domestic Relations Law § 237 (c), and we make no finding in that regard.


Summaries of

Stots v. Daniels

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 2008
48 A.D.3d 248 (N.Y. App. Div. 2008)
Case details for

Stots v. Daniels

Case Details

Full title:STELLA STOTS, Respondent, v. GEORGE DANIELS, Appellant

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

Date published: Feb 7, 2008

Citations

48 A.D.3d 248 (N.Y. App. Div. 2008)
849 N.Y.S.2d 777

Citing Cases

Bond v. Lichtenstein

It is in the Court's discretion to determine whether there should be an award of attorneys fees based on…