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BRENNEN v. BRENNEN

148 A.D.2d 487 (1989)

Edmund Brennen, Appellant, v. Ulla Brennen, Respondent. Barbara W. Cummings, Nonparty Respondent

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

March 13, 1989

Ordered that the judgments are affirmed; and it is further,

Ordered that the defendant is awarded one bill of costs.

The court did not improvidently exercise its discretion in awarding counsel fees to the defendant (see, Domestic Relations Law § 237; DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879). It would be unfair to have the wife, in effect, extinguish her assets...

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