DEFAULT GETS EX-WIFE FEES

In Leiderman v. Leiderman, Susan Leiderman wasn't pleased when the Nassau County Supreme Court denied her request for an award of attorneys' fees against her ex-husband, Jeffrey, who defaulted on an agreement reached when they divorced.

The terms provided that if either side breached, the non-defaulting party could ask the court to award reasonable attorneys' fees.

When the Nassau County Supreme Court denied her request, Susan appealed to the Appellate Division, Second Department, which found since Susan was "successful in obtaining a settlement" of a disputed term, Jeffrey was required to pay her fees. But because he hadn't been given the opportunity to oppose his former spouse's application, the case was sent back for a determination as to the "reasonableness" of the charges incurred.

A reasonable outcome, no?

To download a copy of the Appellate Division's decision, please use this link: Leiderman v. Leiderman