Appellate Division of the Supreme Court of New York, 1995

Cass v. Cass

Cass v. Cass
Appellate Division of the Supreme Court of New York · Decided March 30, 1995
213 A.D.2d 362; 624 N.Y.S.2d 406
Cass v. Cass

Opinion of the Court

—Order, Supreme Court, New York County (David Saxe, J.), entered November 30, 1993, which, in a proceeding to prevent defendant from relocating out of State with the parties’ child, denied plaintiff’s motion pursuant to Domestic Relations Law § 237 (b) for an award of counsel fees, unanimously affirmed, with costs.

The evidence that plaintiff engaged in tactics designed to harass defendant rather than further his own rights warrants the denial of counsel fees (see, DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881). Concur—Rosenberger, J. P., Ellerin, Wallach, Kupferman and Mazzarelli, JJ.

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