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Mitzner v. Mitzner

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 483 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

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


Ordered that the order is affirmed, with costs.

The Supreme Court did not err in granting the defendant temporary exclusive possession of the marital residence given the domestic strife caused by the plaintiff's presence in the home and the fact that he had voluntarily established an alternative residence (see, Annexstein v. Annexstein, 202 A.D.2d 1062; Kristiansen v. Kristiansen, 144 A.D.2d 441, 442; Wolfe v. Wolfe, 111 A.D.2d 809, 810).

It was not an improvident exercise of discretion to award the defendant interim counsel fees without a showing of need (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879; Anonymous v Anonymous, 213 A.D.2d 183). The defendant was not required to exhaust her own capital in order to qualify for an interim counsel fee award (see, Lieberman v. Lieberman, 187 A.D.2d 567; Cole v. Cole, 182 A.D.2d 738). Given the financial circumstances of the parties, the award of counsel fees was a proper exercise of the Supreme Court's discretion (see, Ljutic v. Ljutic, 216 A.D.2d 274; Roach v. Roach, 193 A.D.2d 660). Miller, J.P., Copertino, Santucci and Altman, JJ., concur.


Summaries of

Mitzner v. Mitzner

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 483 (N.Y. App. Div. 1996)
Case details for

Mitzner v. Mitzner

Case Details

Full title:MARK S. MITZNER, Appellant, v. SHELLEY D. MITZNER, Respondent

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 483 (N.Y. App. Div. 1996)
643 N.Y.S.2d 674

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