Clemens v. Clemens

In a matrimonial action in which the parties were divorced by judgment dated December 3, 1982, the defendant husband appeals from so much of an order of the Supreme Court, Nassau County (Robbins, J.), entered October 23, 1985, as directed him to pay the plaintiff wife’s attorneys the sum of $2,500 in counsel fees.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff’s application for counsel fees is denied.

The award of counsel fees to the plaintiff’s attorneys was improper under the circumstances, inasmuch as the parties, in their stipulation…