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Silver v. Silver

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1978
63 A.D.2d 1017 (N.Y. App. Div. 1978)

Opinion

June 26, 1978


In a matrimonial action, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered January 3, 1977 as ordered him to pay to the defendant the sum of $15,000 in counsel fees. Judgment affirmed insofar as appealed from, with costs. The trial court did not err in ordering the plaintiff to reimburse the defendant for money spent for legal services. This court has repeatedly held that there is no impediment to reimbursement to a wife of counsel fees advanced by her which the court later finds the husband should have paid (see De Simone v De Simone, 57 A.D.2d 854; Schwartz v Schwartz, 50 A.D.2d 877; Press v Press, 49 A.D.2d 603; Ross v Ross, 47 A.D.2d 866). We further note that the counsel fee award is reasonable in light of the skill, experience and background of defendant's counsel, the nature of the services rendered, the difficulty and complexity of the issues of fact and law involved in the case, as well as the time actually spent on trial (see Susan W. v Martin W., 89 Misc.2d 681, 696). Titone, J.P., Suozzi, Margett and Hawkins, JJ., concur.


Summaries of

Silver v. Silver

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1978
63 A.D.2d 1017 (N.Y. App. Div. 1978)
Case details for

Silver v. Silver

Case Details

Full title:SOL SILVER, Appellant, v. ELAINE SILVER, Respondent

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

Date published: Jun 26, 1978

Citations

63 A.D.2d 1017 (N.Y. App. Div. 1978)

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