Wechsler v. Wechsler — 199 A.D.2d 51

Majority

p. 51

Lawrence D. Wechsler, Appellant, v Elaine Wechsler, Respondent.

[605 NYS2d 26]

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about July 7, 1993, which, insofar as appealed from, awarded defendant interim counsel fees of $15,000, unanimously affirmed, without costs.

The award of interim counsel fees was a proper exercise of discretion (see, DeCabrera v Cabrera-Rosete, 70 NY2d 879 , 881), in view of the long duration of the marriage, defendant’s unemployment and few job skills, and plaintiff’s well-paying employment as a musician with a major opera company,

p. 52

additional income from residuals and concerts, and investments. Any inequity in the interim award should be remedied by a speedy trial (Jancu v Jancu, 174 AD2d 428 ) and a later credit. Concur—Ellerin, J. P., Wallach, Kupferman and Rubin, JJ.

Cases cited

DeCabrera v. Cabrera-Rosete 70 NY2d 879 N.Y. 1987-12-15 at 881 p. 51