Appellate Division of the Supreme Court of New York, 2012

Wells v. Serman

Wells v. Serman
Appellate Division of the Supreme Court of New York · Decided February 21, 2012
92 A.D.3d 555; 938 N.Y.2d 439
Wells v. Serman

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Supreme Court’s award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant’s conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under Domestic Relations Law § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds (see Silverman v Silverman, 304 AD2d 41, 47-48 [2003]). Concur— Andrias, J.E, Saxe, Acosta, Freedman and Richter, JJ.

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