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Upbin v. Upbin

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 629 (N.Y. App. Div. 1995)

Opinion

March 27, 1995


Appeal from the Supreme Court, Nassau County (Goldstein, J.).

Ordered that the order is modified, on the facts, by reducing the award of counsel fees to $7,500; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant's application for counsel fees was limited to those expenses incurred in regard to the representation provided by her most recent attorney, Jay Landa, the fourth attorney to represent her in this matter. Therefore, the court erred in ordering an award in the amount of $35,000 "for the counsel fees expended by defendant throughout this litigation".

However, the court earmarked $7,500 out of the $35,000 to defray the cost of fees generated in relation to Landa's representation. This award was not an improvident exercise of the court's discretion (see, De Cabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881; Matter of Aronesty v. Aronesty, 202 A.D.2d 240). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

Upbin v. Upbin

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 629 (N.Y. App. Div. 1995)
Case details for

Upbin v. Upbin

Case Details

Full title:ROBERT UPBIN, Appellant, v. LOIS UPBIN, Respondent

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

Date published: Mar 27, 1995

Citations

213 A.D.2d 629 (N.Y. App. Div. 1995)
624 N.Y.S.2d 193