Decabrera V. Cabrera, 70 Ny2d 879 (1987)

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1. I am the attorney for the Plaintiff, and as such I make this Affirmation submitted in support of Plaintiff’s Motion for Attorney Fees. 2. My fee agreement with Plaintiff provides that I shall be entitled to an hourly rate of $300.00 per hour. A copy of our Retainer Agreement is annexed hereto as Exhibit A. 3. An award of counsel fees lies in the discretion of the trial Court, after careful consideration of the equities and circumstances of the particular case and respective financial positions of the parties. DeCabrera v. Cabrera-Rosete,70 NY2d 879 (1987). The Court must also determine the reasonable value of counsel 's services, taking into consideration counsel 's skill and experience, the nature of the services rendered, the time …show more content…
In determining whether to award counsel fees, the court should "review the financial circumstances of both parties together with all other circumstances of the case, which may include the relative merit of the parties ' positions." DeCabrera v. DeCabrera, 70 NY2d 879 (1987); Ciampa v. Ciampa, 47 AD3d 745 (2d Dept. 2008). The court may also consider whether either party has engaged in conduct or taken positions resulting in a delay of the proceedings or unnecessary litigation. See Timpone v. Timpone, 28 AD3d 646 (2d Dept. 2006).
5. The following factors must be considered: (1) the nature and extent of the services rendered; (2) the actual time spent; (3) the necessity for the services; (4) the nature of the issues involved; (5) the professional standing of counsel, including background and experience; (6) the results achieved; (7) the financial circumstances of the parties; and (8) a party 's obstructionist tactics. Anonymous v Anonymous, 213 AD2d 183 (1st Dept. 1995); Willis v Willis, 149 AD2d 584 (2d Dept. 1989). 6. The Court should take into consideration the additional factors of difficulties involved in the case, the Husband’s persistent default, and the nature of the services rendered. I have annexed hereto as Exhibit B an itemized list of work performed and hours expended by my firm to

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