KERZNER v. KERZNER (2001)

Supreme Court, Appellate Division, First Department, New York.

Rina KERZNER, Plaintiff-Appellant, v. Stuart KERZNER, Defendant-Respondent.

Decided: March 08, 2001

NARDELLI, J.P., WILLIAMS, TOM, LERNER and RUBIN, JJ.

Rina Kerzner, pro se. Michael L. Paikin, for respondent

Order, Supreme Court, New York County (Marjory Fields, J.), entered February 10, 2000, which, inter alia, denied plaintiff wife's motion for an award of interim counsel fees in the amount of $50,0000, unanimously affirmed, without costs.

In view of the financial circumstances of the parties as documented before the court, disclosing, inter alia, that plaintiff has access to some $2 million from the sale of the former marital residence, the denial of plaintiff's motion for an award of interim counsel fees constituted a proper exercise of discretion (see, Mastrandrea v. Mastrandrea, 268 A.D.2d 293, 702 N.Y.S.2d 19).

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