Appellate Division of the Supreme Court of New York, 2011

Perry v. Perry

Perry v. Perry
Appellate Division of the Supreme Court of New York · Decided October 18, 2011
88 A.D.3d 861; 931 N.Y.2d 516
Perry v. Perry

Cases that cite this one

4 later published cases cite this decision.

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 counsel fees pursuant to Domestic Relations Law § 237 (a) is entrusted to the sound discretion of the trial court (see DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]). In determining whether to award such a fee, the court should “review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties’ positions” (id. at 881). Here, the trial court providently exercised its discretion in denying the plaintiffs motion for an award of an attorney’s fee. Skelos, J.E, Balkin, Leventhal and Hall, JJ., concur.

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