Legal Opinion

Weitzenkorn v. Weitzenkorn

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

Decided February 20, 1962Published

1Opinion of the Court

Insofar as the application sought a modification of our order — which had assessed costs and disbursements of the appeal against plaintiff-respondent — either by elimination of such provision or by a direction that the costs abide the event, we find no basis for changing our original determination. Therefore, it follows as a matter of course that we shall not compel defendant-appellant to pay plaintiff’s expenses of the appeal and an additional counsel fee for her attorney on the appeal. With respect to the other matters upon which resettlement was sought, plain tiff-respondent has pursued…

2Cases cited4 opinions

  1. Surut v. SurutAppellate Division of the Supreme Court of the State of New York · 1920
  2. Pincus v. PincusAppellate Division of the Supreme Court of the State of New York · 1924
  3. Rosenfield v. RosenfieldAppellate Division of the Supreme Court of the State of New York · 1955
  4. Ferguson v. FergusonNew York Supreme Court · 1961

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