Macaluso v. Macaluso Explained — Family Law

Appellate Division of the Supreme Court of the State of New York • Decided 2016-12-15 • 145 A.D.3d 1295; 43 N.Y.S.3d 599

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Case Summary

Lynch, J. (concurring in part and dissenting in part). We concur in the majority decision, except with respect to the issue of counsel fees. There is no dispute that the status of plaintiff (hereinafter the wife) as the less monied spouse gives rise to a rebuttable presumption that she is entitled to counsel fees (see Domestic Relations Law § 237 [a]; Vantine v Vantine, 125 AD3

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