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Ulius v. Ulius

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1981
80 A.D.2d 791 (N.Y. App. Div. 1981)

Opinion

March 17, 1981


Judgment, Supreme Court, New York County, entered June 27, 1980 fixing alimony, child support and counsel fees after a judgment of divorce, is unanimously modified, on the law and the facts, to the extent that (a) child support is fixed in the sum of $100 per week commencing with the entry of the judgment appealed from, and (b) counsel fees are awarded in the sum of $10,000 to be paid by defendant directly to plaintiff's attorney; the judgment is otherwise affirmed, without costs. In the circumstances of this case, we think that the child support of $150 per week and counsel fees of $21,500 awarded by the judgment appealed from are excessive to the extent indicated. As to counsel fees, we note that the wife has $60,000 of her own assets (cf. Peltz v. Peltz, 56 A.D.2d 519) that she has already paid $5,000 to her attorney, and that some of the items of legal services claimed, including an appeal from a temporary alimony and counsel fee order, do not appear to have been necessary.

Concur — Ross, J.P., Carro, Lupiano, Silverman and Bloom, JJ.


Summaries of

Ulius v. Ulius

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1981
80 A.D.2d 791 (N.Y. App. Div. 1981)
Case details for

Ulius v. Ulius

Case Details

Full title:MARILYN ULIUS, Respondent, v. RICHARD ULIUS, Appellant

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

Date published: Mar 17, 1981

Citations

80 A.D.2d 791 (N.Y. App. Div. 1981)