Levy v. Kaufman

• Decision Date: 08 December 1960
• Citation: 219 N.Y.S.2d 91,26 Misc.2d 57
• Parties: Norman D. LEVY, Plaintiff-Appellant, v. Robert R. KAUFMAN, Defendant-Respondent.
• Court: New York Supreme Court — Appellate Term

Page 91

219 N.Y.S.2d 91

26 Misc.2d 57

Norman D. LEVY, Plaintiff-Appellant, v. Robert R. KAUFMAN, Defendant-Respondent.

Supreme Court, Appellate Term, First Department.

Dec. 8, 1960.

Martin Kingsley, New York City; Herman Young, New York City, of counsel, for appellant.

Robert R. Kaufman, New York City, pro se.

Before HECHT, J. P., and STEUER and TILZER, JJ.

PER CURIAM.

A primary obligation to support a child rests upon the father. The services rendered by plaintiff were necessaries and defendant is obligated to pay a legal fee to plaintiff for the considerable work done by plaintiff in obtaining the support order in the Domestic Relations Court.

It was error to deny plaintiff's application for summary judgment to the extent at least of ordering an assessment for the purpose of ascertaining the amount to be awarded plaintiff as a reasonable fee for his services.

Order denying plaintiff's motion for summary judgment reversed, with $10 costs, and motion granted to the extent of directing an assessment for the purpose of ascertaining the amount to be awarded plaintiff as a reasonable fee. Defendant's cross-motion for summary judgment denied. No appeal lies from the order of reference, an intermediate order, and the appeal therefrom is dismissed.

All concur.