Legal Opinion

Mueller v. Mueller

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

Decided January 15, 2014Published

1Opinion of the Court

An award of an attorney’s fee pursuant to Domestic Relations Law § 237 lies within the sound discretion of the trial court {see *661Carr-Harris v Carr-Harris, 98 AD3d 548, 552 [2012]). In exercising that discretion, the court must consider the financial circumstances of the parties and the circumstances of the case as a whole, including the relative merits of the parties’ positions (see Guzzo v Guzzo, 110 AD3d 765 [2013]; Matter of Baribault v Sauvola, 101 AD3d 865, 866 [2012]; Matter of O’Neil v O’Neil, 193 AD2d 16, 20 [1993]). The court may also take into account whether one party has delayed…

2Cases cited5 opinions

  1. O'Neil v. O'NeilAppellate Division of the Supreme Court of the State of New York · 1993
  2. Chesner v. ChesnerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Khan v. AhmedAppellate Division of the Supreme Court of the State of New York · 2012
  4. Guzzo v. GuzzoAppellate Division of the Supreme Court of the State of New York · 2013
  5. Baribault v. SauvolaAppellate Division of the Supreme Court of the State of New York · 2012

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