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MATTER OF FRIEDMAN v. ROME

49 A.D.3d 878 (2008)

854 N.Y.S.2d 515

In the Matter of AMANDA FRIEDMAN, Formerly Known as AMANDA VAN HOLT, Respondent, v. DAVID S. ROME, Appellant.

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

Decided March 25, 2008.

Ordered that the order is affirmed, with costs.

"The award of reasonable counsel fees is a matter within the sound discretion of the trial court" (Walker v Walker, 255 A.D.2d 375, 376 [1998]). It "`is to be based on the financial circumstances of the parties and the circumstances of the case as a whole, which may include the relative merit of the parties' positions, but should not be predicated solely on who won and who lost...

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