Silver v. Silver

• Decision Date: 26 June 1978
• Citation: 63 A.D.2d 1017,406 N.Y.S.2d 352
• Parties: Sol SILVER, Appellant, v. Elaine SILVER, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 352

406 N.Y.S.2d 352

63 A.D.2d 1017

Sol SILVER, Appellant, v.Elaine SILVER, Respondent.

Supreme Court, Appellate Division,Second Department.

June 26, 1978.

Siller & Galian, New York City(Sidney Siller, New York City, of counsel), for appellant.

Hyman Bravin, New York City(Melvin Hirshowitz, New York City, of counsel), for respondent.

Before TITONE, J. P., and SUOZZI, MARGETT and HAWKINS, JJ.

MEMORANDUM BY THE COURT.

In a matrimonial action, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered January 3, 1977, as ordered him to pay to the defendant the sum of $15,000 in counsel fees.

Judgment affirmed insofar as appealed from, with costs.

The trial court did not err in ordering the plaintiff to reimburse the defendant for money spent for legal services.This court has repeatedly held that there is no impediment to reimbursement to a wife of counsel fees advanced by her which the court later finds the husband should have paid (seeDe Simone v. De Simone, 57 A.D.2d 854, 394 N.Y.S.2d 403;Schwartz v. Schwartz, 50 A.D.2d 877, 376 N.Y.S.2d 633;Press v. Press, 49 A.D.2d 603, 370 N.Y.S.2d 190;Ross v. Ross, 47 A.D.2d 866, 366 N.Y.S.2d 34).

We further note that the counsel fee award is reasonable in light of the skill, experience and background of defendant's counsel, the nature of the services rendered, the difficulty and...