Montero v. Montero
Cases that cite this one
8 later published cases cite this decision.
- Dickson v. Dickson (Appellate Division of the Supreme Court of New York 2015)
- Romano v. Kelly (Appellate Division of the Supreme Court of New York 2026)
- Hackett v. Hackett (Appellate Division of the Supreme Court of New York 2014)
- Hackett v. Hackett (Appellate Division of the Supreme Court of New York 2014)
- Montero v. Cohen (Appellate Division of the Supreme Court of New York 2013)
- Montero v. Cohen (Appellate Division of the Supreme Court of New York 2013)
- Silverstein v. Silverstein (Appellate Division of the Supreme Court of New York 2013)
- Silverstein v. Silverstein (Appellate Division of the Supreme Court of New York 2013)
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 a matrimonial action in which the parties were divorced by judgment entered August 17, 2005, as amended October 27, 2005, the defendant appeals from (1) an order and money judgment (one paper) of the Supreme Court, Nassau County (Falanga, J.), dated October 29, 2009, which, upon a decision of the same court dated August 12, 2009, made after a hearing, inter alia, granted the plaintiffs motion to reform the parties’ stipulation of settlement, thereupon directed that the plaintiff was entitled to 50% of the value of the defendant’s individual retirement account referred to as the “Bear Stearns IRA,” as of October 18, 2001, and is in favor of the plaintiff and against him in the principal sum of $540,958.70, and (2) an order of the same court dated December 15, 2009, which granted the plaintiffs postjudgment motion for an award of an attorney’s fee in the sum of $34,707.60.
Ordered that the order and money judgment, and the order, are affirmed, with one bill of costs.
On March 24, 2005, several months before entry of a judgment of divorce, the parties orally placed a stipulation of settlement concerning equitable distribution, among other things, on the record. The attorney who recited its terms, however, omit
The Supreme Court providently exercised its discretion in awarding the plaintiff an attorney’s fee in the sum of $34,707.60 (see Domestic Relations Law § 238; Le v Le, 82 AD3d 846 [2011]; Schiffer v Schiffer, 55 AD3d 714, 715 [2008]).
The parties’ remaining contentions need not be reached in light of our determination, are without merit, or do not require reversal. Skelos, J.P., Covello, Balkin and Austin, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.