¶1Supreme Court’s award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant’s conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under Domestic Relations Law § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds (see Silverman v Silverman, 304 AD2d 41, 47-48 [2003]). Concur— Andrias, J.E, Saxe, Acosta, Freedman and Richter, JJ.
92 A.D.3d 555
Wells v. Serman
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-02-21
Decided 2012-02-21