Chan v Fraley

Holding The Appellate Division reversed the lower court’s denial of additional interim counsel fees, finding that the trial court improvidently exercised its discretion given the economic disparity between the parties. The court awarded an additional $10,000 in counsel fees to the plaintiff, noting that the previous award was inexplicably low considering the defendant’s dilatory behavior and the plaintiff’s financial burden.

The court’s words

The court improvidently exercised its discretion in declining to award plaintiff interim counsel fees beyond the $15,000 previously awarded.

2026 NY Slip Op 06194, at the official text

There is an economic disparity between the parties.

2026 NY Slip Op 06194, at the official text

Plaintiff had to expend funds in connection with the stipulation, commencement of the divorce action, to enforce the December 2024 Interim Order, to retain and re-retain counsel, in part due to defendant's dilatory behavior, and to borrow funds for this purpose.

2026 NY Slip Op 06194, at the official text

Under the circumstances the denial of counsel fees on top of the initial $15,000 awarded on an emergency basis, which the husband has not paid, appears inexplicably low

2026 NY Slip Op 06194, at the official text

Accordingly, we award $10,000 in additional interim counsel fees.

2026 NY Slip Op 06194, at the official text