Wells v. Serman

Supreme Court’s award of interim counsel fees to plaintiff, the monied spouse, based solely on defendant’s conduct in delaying the litigation, was improper under Domestic Relations Law § 237. An award of counsel fees under Domestic Relations Law § 237 cannot be made merely to punish a party for claimed discovery delays or for seeking a jury trial on grounds (see Silverman v Silverman, 304 AD2d 41 , 47-48 [2003]). Concur— Andrias, J.E, Saxe, Acosta, Freedman and Richter, JJ.