In post-judgment proceedings in Rubio v. Rubio (Suffolk County, Supreme Court), firm partner Karen Golden and associate Erin Kowtna represented the defendant-wife in her appeal in the Appellate Division, Second Department to reverse a lower court’s denial of an award of attorney’s fees incurred during rigorous enforcement of her equitable distribution and maintenance awards. In a victorious opinion for the firm's client, on February 9, 2010, the Appellate Division ruled that the parties’ settlement agreement expressly provided for the award of attorneys’ fees in the event of default, and that the plaintiff failed to challenge defendant-wife’s claim for fees. The lower court had denied the award, claiming that defendant-wife had not submitted adequate proof of fees incurred. The appellate court disagreed and reversed, granting defendant-wife a money judgment in the amount of $13,921.00. A link to the decision is here.
Two days later, February 11, 2010, in separate, further post-judgment enforcement proceedings, Justice Marion McNulty (Supreme Court, Suffolk County) granted defendant-wife a new money judgment in the amount of $154,269.30, this time including attorneys’ fees of $18,698.66 for such enforcement.
