Karg v. Kern

Decision Date19 February 2015
Citation4 N.Y.S.3d 184,125 A.D.3d 527,2015 N.Y. Slip Op. 01550
PartiesNathalie KARG, Plaintiff–Respondent, v. Anton KERN, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

125 A.D.3d 527
4 N.Y.S.3d 184
2015 N.Y. Slip Op. 01550

Nathalie KARG, Plaintiff–Respondent
v.
Anton KERN, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

Feb. 19, 2015.


4 N.Y.S.3d 185

Law Offices of Stark & Levoritz, P.C., Brooklyn (Yonatan S. Levoritz and Steven Amshen of counsel), for appellant.

The McPherson Firm, P.C., New York (Laurie J. McPherson of counsel), for respondent.

FRIEDMAN, J.P., ANDRIAS, MOSKOWITZ, DeGRASSE, RICHTER, JJ.

Opinion

125 A.D.3d 527

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered April 3, 2014, which, to the extent appealed

125 A.D.3d 528

from as limited by the briefs, granted plaintiff wife's application for interim counsel fees in the amount of $136,000, and directed defendant husband to pay the real estate taxes on the parties' farm property, unanimously affirmed, without costs. Order, same court and Justice, entered June 5, 2014, which, to the extent appealed from as limited by the briefs, denied defendant's motion to hold plaintiff in contempt, to dismiss the claims related to the prenuptial agreement, and to modify the support award, and granted plaintiff's motions to stay defendant's plenary action and consolidate it with this action, to vacate the automatic stay of the April 3, 2014 order awarding counsel fees, and for an additional award of counsel fees, unanimously affirmed, without costs.

Supreme Court properly awarded the wife interim counsel fees after considering the financial positions of the parties and the circumstances of the case (see Domestic Relations Law § 237 ; DeCabrera v. Cabrera–Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168 [1987] ). Plaintiff was the less monied spouse, the disparity between the parties' respective income and assets was significant.

To the extent the legal fees awarded in the April 3, 2014 order may have related to the litigation over...

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21 cases
  • Kaufman v. Kaufman
    • United States
    • New York Supreme Court — Appellate Division
    • October 14, 2020
    ...grant the defendant a credit in the amount of the excess against the plaintiff's equitable distribution award (see e.g. Karg v. Kern, 125 A.D.3d 527, 4 N.Y.S.3d 184 ).In recognition of the substantial amount of time that has elapsed since the plaintiff made her application for additional in......
  • M.M. v. T.M.
    • United States
    • New York Supreme Court
    • August 10, 2015
    ...to timely submit a statement of net worth, an omission that precludes this court even considering his request. Karg v. Kern, 125 A.D.3d 527, 4 N.Y.S.3d 184 (1st Dept.2015) (court correctly denied the part of defendant's motion seeking a downward modification of the support award since defen......
  • M.M. v. T.M.
    • United States
    • New York Supreme Court
    • August 10, 2015
    ...to timely submit a statement of net worth, an omission that precludes this court even considering his request. Karg v. Kern, 125 A.D.3d 527, 4 N.Y.S.3d 184 (1st Dept.2015) (court correctly denied the part of defendant's motion seeking a downward modification of the support award since defen......
  • CBC v. CLC
    • United States
    • New York Supreme Court
    • October 7, 2022
    ... ... party's equitable distribution award. ( see Kaufman v ... Kaufman , 189 A.D.3d 31 [2d Dept 2020] citing Karg v ... Kern , 125 A.D.3d 527 [1st Dept 2015]; see Duval v ... Duval , 144 A.D.3d 739 [2d Dept 2016]). In lieu of any ... cash settlement for ... ...
  • Request a trial to view additional results

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