Legal Opinion

Wagman v. Wagman

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

Decided June 1, 2004PublishedCited by 14 opinions

1Opinion of the Court

In a matrimonial action in which the parties were divorced by judgment dated December 16, 1996, the defendant appeals from an order of the Supreme Court, Westchester County (Shapiro, J.), dated January 7, 2003, which granted the plaintiffs motion for an award of an attorney’s fee.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

A party may recover an attorney’s fee from an adversary spouse where there is substantial compliance with 22 NYCRR 1400.3 (see Mulcahy v Mulcahy, 285 AD2d 587 [2001]; Flanagan v Flanagan, 267 AD2d 80 [1999]). In this case, the award…

2Cases cited4 opinions

  1. Julien v. MachsonAppellate Division of the Supreme Court of the State of New York · 1997
  2. Mulcahy v. MulcahyAppellate Division of the Supreme Court of the State of New York · 2001
  3. Flanagan v. FlanaganAppellate Division of the Supreme Court of the State of New York · 1999
  4. Kaplowitz v. NewmanAppellate Terms of the Supreme Court of New York · 2000

3Cited by14 opinions

  1. Grald v. GraldAppellate Division of the Supreme Court of the State of New York · 2006
  2. Hovanec v. HovanecAppellate Division of the Supreme Court of the State of New York · 2010
  3. Sherman v. ShermanAppellate Division of the Supreme Court of the State of New York · 2006
  4. Gahagan v. GahaganAppellate Division of the Supreme Court of the State of New York · 2008
  5. Bentz v. BentzAppellate Division of the Supreme Court of the State of New York · 2010

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