Legal Opinion

Dougherty v. Dougherty

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1997Published

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in awarding plaintiff counsel fees in the amount of $15,000, approximately half of the amount of counsel fees and disbursements requested. A party is not required to exhaust her resources in order to receive counsel fees (see, DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881; Schafer v Schafer, 224 AD2d 1024; Behrmann v Behrmann, 204 AD2d 1076). The court properly considered the relative financial circumstances of the parties and was in the best position to assess the reasonableness of the expenses…

2Cases cited5 opinions

  1. DeCabrera v. Cabrera-RoseteNew York Court of Appeals · 1987
  2. Hackett v. HackettAppellate Division of the Supreme Court of the State of New York · 1989
  3. Behrmann v. BehrmannAppellate Division of the Supreme Court of the State of New York · 1994
  4. Faust v. FaustAppellate Division of the Supreme Court of the State of New York · 1993
  5. Schafer v. SchaferAppellate Division of the Supreme Court of the State of New York · 1996

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