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Gabor v. Gabor

Appellate Division of the Supreme Court of New York, First Department
May 10, 1990
161 A.D.2d 350 (N.Y. App. Div. 1990)

Opinion

May 10, 1990

Appeal from the Supreme Court, Westchester County (W. Denis Donovan, J.).


The parties to this divorce action were married in 1963. It was the second marriage for both and there are no children from the marriage. Defendant, now age 76, owns a substantial minority interest in several commercial properties (allegedly premarital property) and received income of more than $250,000 in 1988. Plaintiff, now age 65, who has not worked outside the home for 15 years, is financially dependent. Her only asset is a stock portfolio totaling less than $20,000. Plaintiff's retainer of $7,500 has been expended and unpaid counsel fees as of February 1989 totaled more than $14,000.

Contrary to defendant's contentions, proof of indigency is not a prerequisite to an award of counsel fees, which may be awarded, as a matter of discretion, in order to allow a spouse to "carry on or defend the action * * * having regard to the circumstances of the case and of the respective parties" (Domestic Relations Law § 237 [a]; DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879). The court herein properly evaluated the circumstances of the case and the financial circumstances of the parties (DeCabrera v Cabrera-Rosete, 70 N.Y.2d, supra, at 881; Walsh v. Walsh, 92 A.D.2d 345). We note that in the case at bar, the court properly considered factors such as the complexity of the litigation and the reasonable projection of services in setting the amount of the award (Matter of Potts, 213 App. Div. 59).

Concur — Kupferman, J.P., Sullivan, Ross, Carro and Kassal, JJ.


Summaries of

Gabor v. Gabor

Appellate Division of the Supreme Court of New York, First Department
May 10, 1990
161 A.D.2d 350 (N.Y. App. Div. 1990)
Case details for

Gabor v. Gabor

Case Details

Full title:LILA GABOR, Respondent, v. JOSEPH GABOR, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 10, 1990

Citations

161 A.D.2d 350 (N.Y. App. Div. 1990)
555 N.Y.S.2d 103

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