GRUBER v. GRUBER


43 A.D.2d 917 (1974)

Helene Gruber, Respondent, v. Peter Gruber, Appellant

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

February 14, 1974


Upon the present record, the award for temporary alimony was excessive to the extent indicated. As for counsel fees, it appears that plaintiff has paid her attorneys $5,000. Plaintiff has therefore failed to show that she is unable to pay her counsel from her own funds (see Domestic Relations Law, § 237). The award of a counsel fee at this juncture must therefore be stricken.

Any future request for counsel fees, under the circumstances, should be reserved...

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