205 A.D. 328 | N.Y. App. Div. | 1923
In our opinion the increase of the temporary alimony from $18,000 to $30,000 was not justified by the facts presented in the affidavits. The amount allowed for counsel fees should be reduced to $20,000. The amount allowed for expenses we think was warranted, in view of the bitterly contested litigation and the length of the former trial, with the probability that the second trial will consume more time. In view of the fact that in the action of Helen E. Stokes against William E. D. Stokes, Albert H. Gleason and Mervyn Realty Company, a judgment has been granted enjoining and restraining William E. D. Stokes and the Mervyn Realty Company from selling, transferring or disposing of the land and premises, or any part or parcel thereof therein described, and that the defendant claims that by reason thereof he is unable to realize on said property and to pay the sums awarded for counsel fee and expenses, the order for payment of counsel fee and expenses should be made conditional upon the defendant herein consenting to a modification
The order should be modified as above indicated, and as modified affirmed, without costs.
Present — Clarke, P. J., Smith, Page, Merrell and McAvoy, JJ.
Order modified as indicated in opinion, and as so modified affirmed, without costs. Settle order on notice.