Patron v. Patron

Judgment, Supreme Court, New York County entered May 10, 1976, unanimously modified, on the'law and on the facts, to the extent of vacating the award for counsel fees, and as so modified, affirmed, without costs and without disbursements. This record reveals that only two years ago defendant-wife received $41,000 net, in cash, from the sale of a co-operative apartment. Furthermore, defendant does not submit an affidavit as to her ability to pay counsel fees. In the only affidavit submitted, counsel states, in conclusory fashion, that the moneys were needed for living expenses, but never…