From Casetext: Smarter Legal Research

Loewentheil v. Loewentheil

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 677 (N.Y. App. Div. 1993)

Opinion

October 25, 1993

Appeal from the Supreme Court, Westchester County (Coppola, J.).


Ordered that the order is reversed insofar as appealed from, with costs, and that branch of the wife's motion which was for pendente lite counsel fees and accountants' fees is denied.

The defendant wife made an application for counsel fees and accountants' fees a mere two months after retaining counsel and an accountant, and after paying counsel $10,000 and the accountant $5,000. Moreover, neither the wife nor the accountant has alleged that the retainer paid to him has been exhausted (see, Wolf v. Wolf, 146 A.D.2d 527). While the wife's counsel made a conclusory allegation that he had already exhausted his retainer, he failed to detail the services rendered or submit time sheets to support the allegation (see, Wolf v. Wolf, supra). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

Loewentheil v. Loewentheil

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1993
197 A.D.2d 677 (N.Y. App. Div. 1993)
Case details for

Loewentheil v. Loewentheil

Case Details

Full title:KENNETH LOEWENTHEIL, Appellant, v. THELMA LOEWENTHEIL, Respondent

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

Date published: Oct 25, 1993

Citations

197 A.D.2d 677 (N.Y. App. Div. 1993)
603 N.Y.S.2d 17

Citing Cases

Darvas v. Darvas

Similarly, interim counsel fees should not have been granted as there was inadequate documentation regarding…