Appellate Division of the Supreme Court of New York, 1954

Mazzei v. Mazzei

Mazzei v. Mazzei
Appellate Division of the Supreme Court of New York · Decided November 22, 1954
284 A.D. 984; 135 N.Y.S.2d 122; 1954 N.Y. App. Div. LEXIS 4306
Mazzei v. Mazzei

Opinion of the Court

In an action for separation, defendant has interposed a counterclaim for annulment. He appeals from an order granting plaintiff alimony of $100 a week and a counsel fee of $7,000, without prejudice to further application to the trial court for an increase in the amount of counsel fee. Order modified by striking from the first ordering paragraph the figures $7,000 ” and “ $3,500 ” and by substituting in place thereof respectively the figures $4,500 ” and “ $2,250 ”. As so modified, order affirmed, without costs. In our opinion, the award for counsel fee in the amount of $7,000 appears to be excessive at this time. Nolan, P. J., Wenzel, MacCrate, Schmidt and Murphy, JJ., concur.

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