Stots v Daniels

Stots v Daniels 2008 NY Slip Op 01070 [48 AD3d 248] February 7, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 16, 2008

Stella Stots, Respondent,
v
George Daniels, Appellant.

—[*1] Ingrid Gherman, P.C., New York City (Ingrid Gherman of counsel), for appellant.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered on or about September 14, 2006, which granted plaintiff's cross motion for attorneys' fees and directed a hearing on the reasonable value thereof, unanimously affirmed, without costs.

The award of attorneys' fees was a proper exercise of discretion under Domestic Relations Law § 238. We have considered defendant's argument that the parties' relative financial circumstances do not warrant a discretionary award such as this, and find it unavailing. We note the absence of an express finding by the motion court as to whether defendant's default was willful within the meaning of Domestic Relations Law § 237 (c), and we make no finding in that regard. Concur—Andrias, J.P., Nardelli, Williams and Acosta, JJ.