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MELNITZKY v. MELNITZKY

284 A.D.2d 240 (2001)

726 N.Y.S.2d 649

ELIZABETH MELNITZKY, Respondent, v. MICHAEL MELNITZKY, Appellant.

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

Decided June 21, 2001.

Given the disparity between the resources available to each of the parties, as demonstrated by the evidence of record, and defendant husband's insistence on litigating matters in which the merit of his position was dubious at best, the award of attorneys' fees to plaintiff wife was appropriate. A party in matrimonial litigation, such as plaintiff, who has finite assets and a relatively modest income, should not be required to spend...

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