TAORMINA v. TAORMINA

2014-06954

131 A.D.3d 696 (2015)

15 N.Y.S.3d 694

2015 NY Slip Op 06667

RUTH GABRIELLE TAORMINA, Respondent, v. JOSEPH TAORMINA, Appellant.

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

Decided August 26, 2015.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for an award of a counsel fee is denied.

The plaintiff sought an award of a counsel fee pursuant to a judgment of divorce in connection with the defendant's alleged defaults as to certain obligations set forth in that judgment. The judgment, however, required the nondefaulting party to give notice of alleged defaults by certified mail, and it is undisputed that the plaintiff did...

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