Legal Opinion
Mueller v. Mueller
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2014PublishedCited by 3 opinions
1Opinion of the Court
An award of an attorney’s fee pursuant to Domestic Relations Law § 237 lies within the sound discretion of the trial court {see *661Carr-Harris v Carr-Harris, 98 AD3d 548, 552 [2012]). In exercising that discretion, the court must consider the financial circumstances of the parties and the circumstances of the case as a whole, including the relative merits of the parties’ positions (see Guzzo v Guzzo, 110 AD3d 765 [2013]; Matter of Baribault v Sauvola, 101 AD3d 865, 866 [2012]; Matter of O’Neil v O’Neil, 193 AD2d 16, 20 [1993]). The court may also take into account whether one party has delayed…
2Cases cited5 opinions
- O'Neil v. O'NeilAppellate Division of the Supreme Court of the State of New York · 1993
- Chesner v. ChesnerAppellate Division of the Supreme Court of the State of New York · 2012
- Khan v. AhmedAppellate Division of the Supreme Court of the State of New York · 2012
- Guzzo v. GuzzoAppellate Division of the Supreme Court of the State of New York · 2013
- Baribault v. SauvolaAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by3 opinions
- Gooden v. GoodenAppellate Division of the Supreme Court of the State of New York · 2014
- Gooden v. GoodenAppellate Division of the Supreme Court of the State of New York · 2014
- McMahon v. McMahonAppellate Division of the Supreme Court of the State of New York · 2014