WECHSLER v. WECHSLER (2005)

Order, Supreme Court, New York County (Judith J. Gische, J.), entered December 15, 2004, which, inter alia, awarded plaintiff additional interim unallocated fees of $475,000, unanimously affirmed, without costs.

The award appropriately reflects the parties' economic disparity, defendant's control over his receipt of income from a business in which he is the sole shareholder, the complexity of the litigation, evidence of the nature and extent of the legal and appraisal services rendered, and is otherwise a proper exercise of discretion (see DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881, 524 N.Y.S.2d 176, 518 N.E.2d 1168 [1987];  O'Shea v. O'Shea, 93 N.Y.2d 187, 190, 689 N.Y.S.2d 8, 711 N.E.2d 193 [1999];  Charpie v. Charpie, 271 A.D.2d 169, 171, 710 N.Y.S.2d 363 [2000] ).   The record does not support defendant's contention that plaintiff engaged in unnecessary litigation and obstructionist or dilatory tactics.   The denial of plaintiff's request for an advance of $250,000 to secure future fees was properly based on a finding that no such security is needed.   We note that plaintiff is free to seek additional interim fees (see Frankel v. Frankel, 2 N.Y.3d 601, 605, n. 1, 781 N.Y.S.2d 59, 814 N.E.2d 37 [2004] ).   We have considered the parties' other contentions for affirmative relief and find them unavailing.