Janet Sadofsky v. Jack Sadofsky

In an action for separation, in which the defendant husband counterclaimed for divorce, defendant appeals from (1) an order of the Supreme Court, Nassau County, entered March 23, 1979, which granted plaintiffs application for attorney fees and directed defendant to pay Reisch & Klar, Esqs., the principal sum of $8,500 and (2) the judgment entered thereon on May 17, 1979. Appeal from the order dismissed, without costs or disbursements. The order was superseded by the judgment. Judgment reversed, without costs or disbursements, order vacated and matter remitted to Special Term for a hearing and a new determination in accordance herewith. The trial of this action in which the wife sought a separation and the husband counterclaimed for divorce terminated on its fourth day when the parties reconciled and placed a settlement stipulation on the record. As soon as that had been done, the wifes attorney (the respondent here) asked the Trial Justice to fix a counsel fee. Neither the husbands lawyer nor either of the parties objected and the court -- in the words of its decision granting a counsel fee -- "reversed decision on the question of counsel fees and permitted the parties to submit whatever material deemed appropriate on the question of awarding counsel fees, as well as directing the plaintiffs counsel to submit an affidavit of services rendered." Plaintiffs counsel then submitted a detailed statement of services, alleging 96 1/2 hours of time spent and seeking a fee and disbursements totaling $11,311.75. The husband and wife both discharged their attorneys and together retained a new lawyer who opposed the respondents application on the ground that the list of services "appears to be grossly excessive, particularly the time allegedly spent with respect to each entry." The new lawyer also argued that the court had no jurisdiction over fees, that a plenary suit was required and that, in any event, his client was entitled to a hearing on the amount of the fee. Special Term conducted no hearing and awarded a fee of $8,500. We reverse and remand for a hearing. We reject [78 A.D.2d 520 Page 521]