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PERITORE v. PERITORE

50 A.D.3d 874 (2008)

855 N.Y.S.2d 646

JOSEPH PERITORE, Respondent, v. PETRA PERITORE, Appellant.

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

Decided April 15, 2008.

Ordered that the order is modified, on the facts and in the exercise of discretion, by increasing the award of an attorney's fee from the sum of $7,500 to the sum of $35,000; as so modified, the order is affirmed, with costs to the defendant.

"The decision to award an attorney's fee lies, in the first instance, in the discretion of the trial court and then in the Appellate Division whose discretionary authority is as broad...

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