Practice point: The award of attorney's fee pursuant to Domestic Relations Law § 237[a] is within the sound discretion of the court, and the issue is controlled by the equities and circumstances of each particular case.
Practitioners should note that the court is likely to consider the financial circumstances of both parties and the relative merit of the parties' positions.
Case: Gruppuso v. Caridi, NY Slip Op 07590 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
