Pickens v. Castro, 55 A.D.3d 443 (1st Dep’t 2008)

Matrimonial & Family Law – Appellate Practice – Award of Counsel Fees to Client Upheld; Adversary Filed Frivolous Motion – Appointment of Receiver to Sell Marital Residence Upheld


Legal fees in matrimonial cases are often an important economic issue for both sides. Pickens is a complex case in which, among other things, defendant husband appealed Order Appointing Receiver of marital residence on the ground that the Order empowered the receiver to encumber the property. Defendant husband also appealed the trial court’s award of counsel fees and costs to Dolores Gebhardt‘s client as a sanction for the defendant making a frivolous motion. Dolores, representing the wife, successfully persuaded the Appellate Division, Second Department, to uphold the lower court determination on appeal.