Appellate Division of the Supreme Court of New York, 1951

McAlonen v. McAlonen

McAlonen v. McAlonen
Appellate Division of the Supreme Court of New York · Decided March 26, 1951
278 A.D. 716; 1951 N.Y. App. Div. LEXIS 4467
McAlonen v. McAlonen

Opinion of the Court

Order denying plaintiff’s motion for leave to renew, on additional papers, a previous motion for a counsel fee for services in opposing a motion by defendant to reduce alimony and for other relief, which previous motion had been *717denied by order dated January 15, 1951, insofar as appealed from, reversed on the law and the facts, with $10 costs and disbursements, the motion granted, with $10 costs, and a counsel fee of $200 awarded, to be paid within ten days after the date of the entry of the order hereon. In our opinion, under the circumstances disclosed, the denial of a counsel fee was an improvident exercise of discretion. Nolan, P. J., Carswell, Johnston, Adel and MaeCrate, JJ., concur.

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