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Fischler v. Fischler

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1992
184 A.D.2d 680 (N.Y. App. Div. 1992)

Opinion

June 22, 1992

Appeal from the Supreme Court, Nassau County (Murphy, J.).


Ordered that the order is reversed insofar as appealed from, with costs, the branch of the plaintiff wife's motion which was for the award of a counsel fee is denied, and that branch of the plaintiff's motion which was for an appraisal fee is denied with leave to renew on proper papers.

The plaintiff, who made no request for a counsel fee, failed to support that branch of her motion which was for an "appraisal" fee with an affidavit from a member of the accounting firm with which she attests she consulted. There is thus no basis upon which to determine the amount of the expert's fee (see, Coppola v. Coppola, 129 A.D.2d 760; Ganin v. Ganin, 114 A.D.2d 883; Ahern v Ahern, 94 A.D.2d 53). Moreover, the record is presently devoid of any basis for an award of a counsel fee (see, Dunne v. Dunne, 172 A.D.2d 482; Lehman v. Lehman, 126 A.D.2d 609; see also, 22 NYCRR 202.16 [g]). Sullivan, J.P., Harwood, Balletta and Eiber, JJ., concur.


Summaries of

Fischler v. Fischler

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1992
184 A.D.2d 680 (N.Y. App. Div. 1992)
Case details for

Fischler v. Fischler

Case Details

Full title:BEVERLY FISCHLER, Respondent, v. ALLEN FISCHLER, Appellant

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

Date published: Jun 22, 1992

Citations

184 A.D.2d 680 (N.Y. App. Div. 1992)

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