Legal Opinion

Sokolow v. Sokolow

New York Supreme Court

Decided June 2, 1961PublishedCited by 1 opinion

1Opinion of the CourtBenjamin Brenner, J.

Defendant wife moves for an order directing the plaintiff to pay counsel fees and costs relative to (1) a prior motion to punish for contempt; (2) a reference subsequent to the trial ordered thereat; and (3) the wife’s appeal from the judgment which dismissed her counterclaim for a separation.

As to discretionary costs in bringing on the motion to punish, allowable under section 1172-d of the Civil Practice Act, no reported case has been called to my attention which would allow the awarding of same in a matrimonial proceeding at a time other than when such proceeding is actually brought on. It…

2Cases cited7 opinions

  1. Fisher v. FisherNew York Court of Appeals · 1929
  2. Fisher v. FisherAppellate Division of the Supreme Court of the State of New York · 1928
  3. Gould v. GouldAppellate Division of the Supreme Court of the State of New York · 1922
  4. Greenberg v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1909
  5. Smith v. SmithNew York Supreme Court · 1947

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3Cited by1 opinion

  1. Lee v. LeeOhio Court of Appeals · 1983

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