Berrada v. Berrada
Cases that cite this one
2 later published cases cite this decision.
- Matter of Silver v. Green (Appellate Division of the Supreme Court of New York 2014)
- Berrada v. Berrada (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
Initially, the mother’s motion for counsel fees and expenses was made prior to the entry of the final custody order, and the father’s argument that Family Court lacked jurisdiction to resolve that motion is unavailing (see Domestic Relations Law § 237 [b]; O’Shea v O’Shea, 93 NY2d 187, 192 [1999]; Matter of Buono v Fantacone, 252 AD2d 917, 918 [1998]). Addressing the merits, the mother’s motion papers included her own affidavit, as well as the detailed affidavit of her attorney and documenta
We are, however, compelled to modify Family Court’s judgment in two respects. First, the mother’s counsel documented reasonable fees of only $70,760 arising out of these proceedings, and the award must be reduced to 80% of that amount, or $56,608. Furthermore, inasmuch as the record is devoid of detailed evidence substantiating the amounts expended by the mother for an expert witness and private investigator, the father should not have been compelled to pay a portion of those expenses (see Cervone v Cervone, 74 AD3d 1268, 1269 [2010]; Avello v Avello, 72 AD3d 850, 852 [2010]; O’Donnell v O’Donnell, 2 AD3d 604, 605 [2003]).
Peters, Malone Jr., Kavanagh and Stein, JJ, concur. Ordered that the judgment is modified, on the law and the facts, without costs, by reducing the amount awarded to $56,608, and, as so modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.