LEWIS v. LEWIS


281 A.D. 811 (1953)

Fay A. Lewis, Respondent, v. Joseph Lewis, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 3, 1953.


Order modified by reducing the counsel fee to $2,500 and, as so modified, affirmed. The amount allowed is excessive.

Van Voorhis and Breitel, JJ., dissent and vote to deny the motion for counsel fee on the grounds (1) that plaintiff does not need a counsel fee in order to prosecute the action, in view of the fact that defendant has already established a trust fund of $300,000 for her benefit, and plaintiff possesses other assets in addition, and (2) that she has not...

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