Legal Opinion

Friedman v. Rome

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

Decided March 25, 2008PublishedCited by 4 opinions

1Opinion of the Court

*879“The award of reasonable counsel fees is a matter within the sound discretion of the trial court” (Walker v Walker, 255 AD2d 375, 376 [1998]). It “ ‘is to be based on the financial circumstances of the parties and the circumstances of the case as a whole, which may include the relative merit of the parties’ positions, but should not be predicated solely on who won and who lost’ ” (Matter of Sullivan v Sullivan, 40 AD3d 865, 867 [2007], quoting Matter of O’Neil v O’Neil, 193 AD2d 16, 20 [1993]).

The Family Court providently exercised its discretion in directing the mother to pay only a portion…

2Cases cited8 opinions

  1. O'Neil v. O'NeilAppellate Division of the Supreme Court of the State of New York · 1993
  2. Walker v. WalkerAppellate Division of the Supreme Court of the State of New York · 1998
  3. Sullivan v. SullivanAppellate Division of the Supreme Court of the State of New York · 2007
  4. Bluemer v. BluemerAppellate Division of the Supreme Court of the State of New York · 2008
  5. Feeney v. FeeneyAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by4 opinions

  1. Ross v. RossAppellate Division of the Supreme Court of the State of New York · 2012
  2. Feng Lucy Luo v. YangAppellate Division of the Supreme Court of the State of New York · 2013
  3. Feng Lucy Luo v. YangAppellate Division of the Supreme Court of the State of New York · 2013
  4. Ross v. RossAppellate Division of the Supreme Court of the State of New York · 2012

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