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Yagoda v. Yagoda

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1979
73 A.D.2d 619 (N.Y. App. Div. 1979)

Opinion

December 10, 1979


Appeal by defendant from an order of the Supreme Court, Kings County, dated May 8, 1979, which awarded a counsel fee of $1,250 to plaintiff's attorney to be used in opposing defendant's appeal from a prior order modifying the child support provisions in a judgment of divorce. Order reversed, without costs or disbursements, and the matter is remanded to Special Term for a de novo hearing to determine the relative financial circumstances of the parties so as to permit a proper allocation of the counsel fee of $1,250. Special Term decided to award counsel fees in the matter solely on conflicting affidavits and written statements of financial worth. In the light of the holdings in Orr v. Orr ( 440 U.S. 268) and Childs v. Childs ( 69 A.D.2d 406), we deem it necessary that a hearing be held to do justice between the contending parties. Mollen, P.J., Titone, O'Connor, Cohalan and Margett, JJ., concur.


Summaries of

Yagoda v. Yagoda

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1979
73 A.D.2d 619 (N.Y. App. Div. 1979)
Case details for

Yagoda v. Yagoda

Case Details

Full title:FLORAN YAGODA, Respondent, v. CHARLES L. YAGODA, Appellant

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

Date published: Dec 10, 1979

Citations

73 A.D.2d 619 (N.Y. App. Div. 1979)

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