Legal Opinion
Frankel v. Frankel
New York Court of Appeals
Decided June 29, 2004PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In matrimonial litigation, counsel fee awards have helped reduce what would otherwise be a substantial advantage to the monied spouse. Pursuant to Domestic Relations Law § 237 (a), a lawyer who represents a nonmonied spouse may seek attorneys’ fees from the monied spouse in the divorce action. This appeal raises the question whether attorneys may do so after their clients have discharged them without cause. A divided Appellate Division said no. We disagree and reverse.
The Frankels were married in December 1988. The husband was a cardiologist and the wife a…
2Cases cited3 opinions
- O'Shea v. O'SheaNew York Court of Appeals · 1999
- Klein v. EubankNew York Court of Appeals · 1996
- Frankel v. FrankelAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by21 opinions
- Prichep v. PrichepAppellate Division of the Supreme Court of the State of New York · 2008
- Kaplan v. KaplanAppellate Division of the Supreme Court of the State of New York · 2006
- Scott M. v. Ilona M.New York Supreme Court · 2011
- Wechsler v. WechslerAppellate Division of the Supreme Court of the State of New York · 2005
- Anderson v. AndersonAppellate Division of the Supreme Court of the State of New York · 2008
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