Gallin v. Stafford
| Decision Date | 27 April 1961 |
| Parties | , 175 N.E.2d 832 Nathaniel M. GALLIN, Respondent, v. William F. STAFFORD, Jr., Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 10 A.D.2d 915, 200 N.Y.S.2d 498.
An attorney brought an action against his client's husband for his services in increasing the wife and child support which the husband was required to pay under a judgment of separation and in resisting the husband's cross-motion to reduce such support.
The City Court of the City of New York, Trial Term, New York County, Part IX, Maxwell Shapiro, J., 18 Misc.2d 786, 188 N.Y.S.2d 137, rendered a judgment for the husband and held that compensation to the attorney would have to be granted in the matrimonial action and that the attorney could not bring an independent action. The attorney appealed.
The Supreme Court, Appellate Term, affirmed.
The Appellate Division, 10 A.D.2d 558, 196 N.Y.S.2d 599, granted an application.
On the attorney's appeal, the Appellate Division, 10 A.D.2d 915, 200 N.Y.S.2d 498, reversed and directed judgment for attorney upon assessment of damages to be made by the City Court, and held that since no application had been made by wife for counsel fees in the modification applications which had been determined after a hearing before an Official Referee, the attorney could maintain a separate action for his services. Valente, J., dissented.
The Appellate Division, 11 A.D.2d 648, 203 N.Y.S.2d 1012, granted husband's motion for leave to appeal to the Court of Appeals. This question was certified: 'Was the order of the Appellate Division entered May 10, 1960, reversing the determination of the Appellate Term and the judgment of the City Court and directing judgment for plaintiff upon an assessment of damages, properly made?'
Order affirmed, with costs. Question certified answered in the affirmative.
All concur except FROESSEL and BURKE, JJ., who dissent and vote to reverse upon the dissenting opinion below supporting the determination of the Appellate Term.
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Phillips, Nizer, Benjamin, Krim & Ballon v. Rosenstiel
...124, 204 N.Y.S.2d 836 (2d Dep't 1960); Gallin v. Stafford, 10 A.D.2d 915, 200 N.Y.S.2d 498 (1st Dep't 1960), aff'd 9 N.Y.2d 894, 216 N.Y.S.2d 705, 175 N.E.2d 832 (1961). Such fees have been allowed as "necessaries" for purposes ranging from the wife's defense against criminal charges, see, ......
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Tompkins and Lauren v. Glass
... ... fees for services rendered in a matrimonial action: (a) if there had never been an application made for counsel fees in the matrimonial suit (Gallin v. Stafford, 10 A.D.2d 915, 200 N.Y.S.2d 498 (1st Dept. 1960), affirmed, 9 N.Y.2d 894, 216 N.Y.S.2d 705, 175 N.E.2d 832; Weidlich v. Richards, supra; ... ...
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Levine v. Levine
... ... Schmalholz, 150 App.Div. 333, 134 N.Y.S. 652; Handelman v. Peabody, 285 App.Div. 689, 140 N.Y.S.2d 374; Gallin v. Stafford, 10 A.D.2d 915, 200 N.Y.S.2d 498, aff'd 9 N.Y.2d 894, 216 N.Y.S.2d 705, 175 N.E.2d 832) ... An alternative remedy was ... ...
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Ellis v. Shapiro
... ... of interpretation by various courts in the different judicial departments, the law has been settled by the opinion of the Court of Appeals in Gallin v. Stafford, 9 N.Y.2d 894, 216 N.Y.S.2d 705, 175 N.E.2d 832, wherein the Court upheld a judgment obtained in an action for legal services rendered to ... ...