Karas-Abraham v Abraham

Karas-Abraham v Abraham 2007 NY Slip Op 09686 [46 AD3d 296] December 6, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Denise Karas-Abraham, Respondent,
v
Gideon Abraham, Appellant.

—[*1] Potruch & Daab, L.L.C., Garden City (Alexander Potruch of counsel), for appellant.

Franklin, Weinrib, Rudell & Vasallo, New York City (John A. Vassallo of counsel), for respondent.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered on or about November 8, 2006, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for a pendente lite award of attorney's fees in the amount of $50,000, unanimously affirmed, without costs.

The interim award was a proper exercise of discretion in light of defendant husband's greater financial resources and the fact that his actions have caused this protracted litigation (Stella v Stella, 16 AD3d 109 [2005]). By awarding a relatively small fraction of the total amount requested, the court left for trial the issue of whether the fees charged were excessive. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and Catterson, JJ.