Appellate Division of the Supreme Court of New York, 1953

Lewis v. Lewis

Lewis v. Lewis
Appellate Division of the Supreme Court of New York · Decided February 3, 1953
281 A.D. 811; 118 N.Y.S.2d 761; 1953 N.Y. App. Div. LEXIS 3374
Lewis v. Lewis

Opinion of the Court

Order modified by reducing the counsel fee to $2,500 ami, as so modified, affirmed. The amount allowed is excessive. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Breitel, JJ.; Van Voorhis and Breitel, JJ., dissent and vote to deny the motion for counsel fee on the grounds (1) that plaintiff does not need a counsel fee in order to prosecute the action, in view of the fact that defendant has already established a trust fund of $300,000 for her benefit, and plaintiff possesses other assets in addition, and (2) that she has not shown sufficient probability of success. [Bee post, p. 882.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.