Opinion
2012-02-21
Amy Stuart WELLS, Plaintiff–Respondent, v. Todd W. SERMAN, Defendant–Appellant.
Todd W. Serman, New York, appellant pro se. Adam Richards LLC, New York (Adam Richards of counsel), for respondent.
Todd W. Serman, New York, appellant pro se. Adam Richards LLC, New York (Adam Richards of counsel), for respondent.
Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered October 15, 2010, which granted plaintiff's motion for an award of interim counsel fees in the amount of $17,850, unanimously reversed, on the law, without costs, and the motion denied. Appeal from order, same court and Justice, entered January 3, 2011, which denied defendant's motion to renew and reargue, unanimously dismissed, without costs, as academic.
Supreme Court's award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant's conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under DRL § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds ( see Silverman v. Silverman, 304 A.D.2d 41, 47–48, 756 N.Y.S.2d 14 [2003] ).