FISHMAN v. SOLOMON

2015-03934, Index No. 27596/10.

152 A.D.3d 570 (2017)

2017 NY Slip Op 05581

55 N.Y.S.3d 670

MARC FISHMAN, Appellant, v. JENNIFER SOLOMON, Respondent.

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

Decided July 12, 2017.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, he waived his right to a hearing on the defendant's application for an award of an attorney's fee by agreeing that, although "each party retains the right to appeal any order of this court with respect to counsel fees," the parties' respective applications for an award of an attorney's fee would be "done simultaneously without a right to oppose or reply" (see Dow v Dow,...

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