Appellate Division of the Supreme Court of New York, 1981

Jerman v. Jerman

Appellate Division of the Supreme Court of New York · Decided March 2, 1981

80 A.D.2d 825; 436 N.Y.S.2d 1015; 1981 N.Y. App. Div. LEXIS 10635

Cases that cite this one

3 later published cases cite this decision.

Lynch v. Lynch (Appellate Division of the Supreme Court of New York 1983)
Borakove v. Borakove (Appellate Division of the Supreme Court of New York 1986)
Stern v. Stern (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, for a money judgment for arrears due under the escalation clause of the parties’ separation agreement, incorporated but not merged into a decree of divorce, defendant appeals from a judgment of the Supreme Court, Suffolk County, entered June 18, 1980, which, after a hearing, fixed *826arrears and awarded plaintiff a counsel fee. Judgment modified by deleting the second decretal paragraph, which awarded plaintiff a counsel fee. As so modified, judgment affirmed, without costs or disbursements, and case remanded to Trial Term for further proceedings consistent herewith. Although the award of a counsel fee is permissible in the instant action (see Fab'rikant v Fabrikant, 19 NY2d 154), defendant is entitled to an evidentiary hearing, as requested, in which he may challenge the value and extent of counsel’s claimed services (see Sadofsky v Sadofsky, 78 AD2d 520). Hopkins, J. P., Damiani, Lazer and Thompson, JJ., concur.

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