Opinion
February 2, 1993
Appeal from the Supreme Court, New York County (Walter Schackman, J.).
Taking into account the parties' ability to pay, the complexity of the litigation, the nature, extent and reasonableness of the services rendered, and the projection of services to be rendered (see, Gabor v Gabor, 161 A.D.2d 350), as well as the obstructionist conduct on plaintiff's part that has prolonged the litigation (see, Lesnick v Lesnick, 167 A.D.2d 888), we find no abuse of discretion in the award of additional counsel fees in the amount substantially less than counsel's time charges alone. Questions concerning certain of the claimed disbursements can be determined at the hearing to be eventually held in connection with the fee application. Since we disagree with defendant's contention that this appeal is frivolous, we deny defendant's request for the imposition of sanctions.
Concur — Murphy, P.J., Wallach, Ross and Asch, JJ.