Legal Opinion
Ning-Yen Yao v. Kao Yao
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2011PublishedCited by 3 opinions
1Opinion of the Court
The court properly denied defendant’s cross motion. “While it is true that a party may be awarded interim counsel fees even when the party possesses his or her own assets, here defendant wife has made no showing at this time that [she] is unable to meet the cost of her counsel fees” (Fisher v Fisher, 208 AD2d 433, 433 [1994] [internal quotation marks and citations omitted]).
Although that part of the court’s order that sua sponte awarded attorney’s fees to plaintiffs counsel is not appealable as of right (Unanue v Rennert, 39 AD3d 289 [2007]), in the interest of judicial economy, we deem the…
2Cases cited5 opinions
- Unanue v. RennertAppellate Division of the Supreme Court of the State of New York · 2007
- Fisher v. FisherAppellate Division of the Supreme Court of the State of New York · 1994
- Kremen v. Benedict P. Morelli & Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
- Diamond v. DiamondAppellate Division of the Supreme Court of the State of New York · 2002
- Horowitz v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
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- Commerce Bank, N.A. v. Globe Institute of Technology, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Ivory v. Al-An Elevator MaintenanceAppellate Division of the Supreme Court of the State of New York · 2015