Kugler v. Kugler, 2017-11811

• Citation: 103 N.Y.S.3d 319 (Mem),174 A.D.3d 878
• Decision Date: 31 July 2019
• Docket Number: 2017-11811,Index No. 200228/10
• Parties: Abbie KUGLER, respondent, v. Gregg KUGLER, appellant.
• Court: New York Supreme Court Appellate Division

174 A.D.3d 878
103 N.Y.S.3d 319 (Mem)

Abbie KUGLER, respondent,
v.
Gregg KUGLER, appellant.

2017-11811
Index No. 200228/10

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

July 31, 2019
Submitted—April 9, 2019

Jason M. Barbara & Associates, P.C., New Hyde Park, N.Y. (Penny JG Berger of counsel), for appellant.

Schlissel Ostrow Karabatos, PLLC, Garden City, N.Y. (Stephen W. Schlissel and Jeanine M. Rooney of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

174 A.D.3d 878

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Nassau County (Edmund M. Dane, J.), dated October 18, 2017. The order, inter alia, granted the

103 N.Y.S.3d 320

plaintiff's renewed motion for an award of counsel fees to the extent of awarding her counsel fees in the sum of $155,000.

ORDERED that the order is affirmed, with costs.

The relevant factual and procedural history of this case is more fully described in the companion appeal (see Kugler v. Kugler, 174 A.D.3d 876, ––– N.Y.S.3d ––––, 2019 WL 3436866 [Appellate Division Docket No. 2016–11238 ; decided herewith] ).

The plaintiff commenced this action for a divorce and ancillary relief in 2010, and the parties entered into a stipulation of settlement in August 2013. In relevant part, the stipulation expressly provided for the plaintiff to submit her application for counsel fees to the court.

In October 2016, the plaintiff submitted a renewed application for counsel fees, which sought a total award of $195,617. The defendant opposed the motion. The court, inter alia, granted the motion to the extent of awarding the plaintiff counsel fees in the sum of $155,000. The defendant appeals.

"An award of counsel fees pursuant to Domestic Relations Law § 237(a) is a matter within the sound discretion of the trial court, and the issue ‘is controlled by the equities and circumstances of each particular case’ " (

174 A.D.3d 879

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