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Winant v. Winant

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1981
83 A.D.2d 850 (N.Y. App. Div. 1981)

Opinion

August 10, 1981


In actions (1) to set aside a separation agreement and modify a divorce decree (Action No. 1), and (2) for specific performance of the separation agreement (Action No. 2), the cross appeals are from an order of the Supreme Court, Nassau County (Burke, J.), entered January 15, 1981, which awarded a counsel fee of $1,000 to plaintiffs in Action No. 1 and defendant in Action No. 2 for the defense of an appeal from a judgment of the same court, dated September 24, 1980. Order reversed, on the law, without costs or disbursements, and application for a counsel fee denied. There is no warrant for the award of a counsel fee in an action to set aside a separation agreement. (See Winant v. Winant, 83 A.D.2d 849. ) This applies to services rendered at the appellate level, as well as at nisi prius. Hopkins, J.P., Titone, Gibbons and Cohalan, JJ., concur.


Summaries of

Winant v. Winant

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1981
83 A.D.2d 850 (N.Y. App. Div. 1981)
Case details for

Winant v. Winant

Case Details

Full title:OLIVE M. WINANT et al., Respondents-Appellants, v. ARNOLD WINANT…

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

Date published: Aug 10, 1981

Citations

83 A.D.2d 850 (N.Y. App. Div. 1981)

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