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Yakobowicz v. Yakobowicz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 10, 2019
171 A.D.3d 993 (N.Y. App. Div. 2019)

Opinion

2016-12991 Index No. 200420/06

04-10-2019

Samuel YAKOBOWICZ, Appellant, v. Rina YAKOBOWICZ, Respondent.

Gassman Baiamonte Gruner, P.C., Garden City, N.Y. (Deborah A. Kelly of counsel), for appellant. Wisselman & Associates, Great Neck, N.Y. (Jordan E. Trager of counsel), for respondent.


Gassman Baiamonte Gruner, P.C., Garden City, N.Y. (Deborah A. Kelly of counsel), for appellant.

Wisselman & Associates, Great Neck, N.Y. (Jordan E. Trager of counsel), for respondent.

MARK C. DILLON, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In a matrimonial action in which the parties were divorced by a judgment entered April 30, 2014, the plaintiff appeals from an order of the Supreme Court, Nassau County (Hope Schwartz Zimmerman, J.), dated November 2, 2016. The order granted that branch of the defendant's renewed motion which was for an award of interim attorney's fees to the extent of awarding the defendant $ 25,000 in interim attorney's fees.

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in awarding the defendant interim attorney's fees in the sum of $ 25,000 so as to enable her to continue to prosecute an enforcement proceeding against the plaintiff (see Domestic Relations Law §§ 237[b] ; 238; Carlin v. Carlin, 120 A.D.3d 734, 735, 991 N.Y.S.2d 335 ; see generally Prichep v. Prichep, 52 A.D.3d 61, 65, 858 N.Y.S.2d 667 ). Contrary to the plaintiff's contention, this award was only on account of fees related to the defendant's prosecution of the proceeding to enforce the judgment of divorce.

The parties' remaining contentions are without merit.

DILLON, J.P., COHEN, DUFFY and CHRISTOPHER, JJ., concur.


Summaries of

Yakobowicz v. Yakobowicz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 10, 2019
171 A.D.3d 993 (N.Y. App. Div. 2019)
Case details for

Yakobowicz v. Yakobowicz

Case Details

Full title:Samuel Yakobowicz, appellant, v. Rina Yakobowicz, respondent.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Apr 10, 2019

Citations

171 A.D.3d 993 (N.Y. App. Div. 2019)
171 A.D.3d 993
2019 N.Y. Slip Op. 2748

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