Appellate Division of the Supreme Court of New York, 2012

King v. King

King v. King
Appellate Division of the Supreme Court of New York · Decided September 26, 2012
98 A.D.3d 1087; 950 N.Y.S.2d 713
King v. King

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Connolly, J.), entered May 10, 2011, which, upon a stipulation of settlement dated December 13, 2010, granted her motion for an award of an attorney’s fee in the sum of $66,623.56 only to the extent of awarding her the sum of $25,000.

Ordered that the order is modified, on the facts and in the exercise of discretion, by increasing the award of an attorney’s fee from the sum of $25,000 to the sum of $45,000; as so modified, the order is affirmed, with costs to the plaintiff.

The Supreme Court improvidently exercised its discretion in *1088awarding the plaintiff an attorney’s fee in the sum of only $25,000. Considering the parties’ relative circumstances, including the disparity in the parties’ respective incomes, and considering all of the relevant factors, an award of an attorney’s fee in the sum of $45,000 is appropriate (see Domestic Relations Law § 237 [a]; DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]; Moreira v Moreira, 84 AD3d 899, 900 [2011]). Mastro, A.P.J., Skelos, Florio and Hall, JJ., concur.

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