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WAGMAN v. WAGMAN

8 A.D.3d 263 (2004)

777 N.Y.S.2d 678

JOEL WAGMAN, Respondent, v. JACQUELINE B. WAGMAN, Appellant.

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

June 1, 2004.

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 A.D.2d 587 [2001]; Flanagan v Flanagan, 267 A.D.2d 80 [1999]). In this case, the award of counsel fees was improper. The retainer agreement was not...

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