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FRANKEL v. FRANKEL

2 N.Y.3d 601 (2004)

814 N.E.2d 37

781 N.Y.S.2d 59

PERRY FRANKEL, Respondent, v. KARYN FRANKEL, Defendant. SCHLISSEL, OSTROW, KARABATOS, POEPPLEIN & TAUB, PLLC, Nonparty Appellant.

Court of Appeals of the State of New York.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Schlissel, Ostrow, Karabatos, Poepplein, Cender & Fisher, PLLC, Garden City (Stephen W. Schlissel, Barry J. Fisher, Lisa R. Nakdai and Michael J. Ostrow of counsel), for appellant.

Alexander Potruch, L.L.C., Mineola (Alexander Potruch and Michael C. Daab of counsel), for respondent.

Elliott Scheinberg, New York City, for American Academy of Matrimonial Lawyers, New York Chapter, amicus curiae.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Grafeo, Read and R.S. Smith concur.

OPINION OF THE COURT

ROSENBLATT, J.

In matrimonial litigation, counsel fee awards have helped reduce what would otherwise be a substantial advantage to the monied spouse. Pursuant to Domestic Relations Law § 237 (a), a lawyer who represents a nonmonied spouse may seek attorneys' fees from the monied spouse in the divorce action. This

appeal raises the...

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