Wechsler v. Wechsler

Full title: LAWRENCE D. WECHSLER, Appellant, v. ELAINE WECHSLER, Respondent

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

Date published: Dec 7, 1993

199 A.D.2d 51 (N.Y. App. Div. 1993)

605 N.Y.S.2d 26

Opinion

December 7, 1993

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).

The award of interim counsel fees was a proper exercise of discretion (see, DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879, 881), in view of the long duration of the marriage, defendant's unemployment and few job skills, and plaintiff's well-paying employment as a musician with a major opera company, additional income from residuals and concerts, and investments. Any inequity in the interim award should be remedied by a speedy trial (Jancu v Jancu, 174 A.D.2d 428) and a later credit.

Concur — Ellerin, J.P., Wallach, Kupferman and Rubin, JJ.