LIMA v. LIMA

2008-10059

68 A.D.3d 935 (2009)

2009 NY Slip Op 9434

891 N.Y.S.2d 699

EMILDA LIMA, Appellant, v. ANIBAL LIMA, Respondent.

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

Decided December 15, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

An award of counsel fees is entrusted to the sound discretion of the court (see DeCabrera v Cabrera-Rosete, 70 N.Y.2d 879 [1987]). In awarding counsel fees "a court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions" (id.

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