McCarthy v. McCarthy

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered August 6, 2003, which, inter alia, confirmed that part of the Special Referee’s report recommending denial of plaintiffs application for a downward modification of alimony, rejected that part of the report recommending denial of defendant’s application for counsel fees, and awarded defendant counsel fees of $30,000, unanimously affirmed, with costs.

A downward modification of alimony was properly denied for failure to make the showing required of plaintiff in the parties’ 1978 separation agreement, incorporated but not merged…