Gaffney-Romanello v. Romanello
Cases that cite this one
5 later published cases cite this decision.
- Kaminash v. Levi (Appellate Division of the Supreme Court of New York 2013)
- Kaminash v. Levi (Appellate Division of the Supreme Court of New York 2013)
- Kaufman v. Kaufman (Appellate Division of the Supreme Court of New York 2020)
- Miller v. Miller (Appellate Division of the Supreme Court of New York 2012)
- Palmeri v. Palmeri (Appellate Division of the Supreme Court of New York 2011)
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
“An award of interim counsel fees ensures that the nonmonied spouse will be able to litigate the action, and do so on equal footing with the monied spouse” (Prichep v Prichep, 52 AD3d 61, 65 [2008]; see O’Shea v O’Shea, 93 NY2d 187, 193 [1999]; Meltzer v Meltzer, 63 AD3d 702, 703 [2009]; Wald v Wald, 44 AD3d 848, 850 [2007]). Unlike a final award of counsel fees, a detailed inquiry or evidentiary hearing is not required prior to the award of interim counsel fees (see Isaacs v Isaacs, 71 AD3d 951 [2010]; Prichep v Prichep, 52 AD3d at 65). Here, based on the apparent disparity in the parties’ relative financial positions, the Supreme Court did not improvidently exercise its discretion in awarding interim counsel fees to the plaintiff (see Domestic Relations Law § 237 [a]; Rosenbaum v Rosenbaum, 55 AD3d 713, 714 [2008]; Prichep v Prichep, 52 AD3d at 65-66).
The defendant’s remaining contentions are without merit. Angiolillo, J.E, Florio, Leventhal and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.