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HOWARD LINZER v. SHIRLEY LINZER (10/08/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


October 8, 1968

HOWARD LINZER, APPELLANT,
v.
SHIRLEY LINZER, RESPONDENT

Concur -- Botein, P. J., Stevens, Capozzoli, Tilzer and McGivern, JJ.

Order, entered June 24, 1968, unanimously modified on the law and the facts by reducing the counsel fee to $1,750, payable one half within 10 days after service of a copy of the order entered herein and the remainder on or before the date on which the case is reached for trial, and as so modified, affirmed, without costs or disbursements. Upon the facts presented, the award of counsel fee in the sum of $2,500 was unjustified and excessive.

19681008

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