Appellate Division of the Supreme Court of New York, 2011

Fields v. Fields

Appellate Division of the Supreme Court of New York · Decided March 17, 2011

82 A.D.3d 542; 918 N.Y.2d 713

Cases that cite this one

3 later published cases cite this decision.

Curley v. Curley (Appellate Division of the Supreme Court of New York 2021)
Franco v. Franco (Appellate Division of the Supreme Court of New York 2012)
Franco v. Franco (Appellate Division of the Supreme Court of New York 2012)

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

When plaintiff appealed the judgment of divorce and a *543subsequent judgment to this Court (see 65 AD3d 297 [2009], affd 15 NY3d 158 [2010]), he had not yet paid defendant the distributive award and therefore still controlled the majority of the marital estate. Accordingly, since plaintiff’s respective financial position gave him a distinct advantage over defendant, the court providently exercised its discretion in directing him to pay her appellate counsel fees (see Silverman v Silverman, 304 AD2d 41, 48-49 [2003]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Gonzalez, EJ., Tom, Acosta, Richter and Román, JJ.

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