In an action in which a judgment of the Supreme Court, Kings County, was entered, Inter alia, granting plaintiff and defendant a divorce, defendants appeal from an order of the same court, dated July 27, 1978, which, upon plaintiff’s motion, “resettled and clarified” the judgment of divorce, by (1) amending…
Articles Posted in New York City
Plaintiff Files Action for Nonsupport and Cruelty
This is an action by an infant wife for separation on the grounds of cruelty and nonsupport, in which the defendant husband asserted a counterclaim for separation on the ground of abandonment, a judgment was entered in the Supreme Court, on May 18, 1959, after trial, in favor of the…
Petitioner Was Grantee of Public Assistance for Four Childen
In early December 1971, JR was the grantee of public assistance for the benefit of her four children in the Aid to Families with Dependent Children (AFDC) category. All five lived in a home in Levittown, New York, which was then owned by Mrs. JR and her former husband…
Plaintiff Brings a Suit for Declaratory Judgment
Plaintiffs commenced the within declaratory judgment action seeking a declaration that the emergency rule is null and void, ultra vires and unconstitutional, as a taking of property without just compensation. The complaint also alleges that the rule violated Real Property Law § 226-b which regulates the assignment of leases;…
Court Decides Permanent Custody of Child Based on Child Abuse Allegations
The petitioner filed the instant petition seeking an order of child support against the respondent. A hearing was held with respect to the petitioner’s application. The petitioner’s application is denied. On April 1, 2002, the petitioner, Frances W., filed a petition against the respondent, Steven M., seeking support for…
Court Decides if Case Against Social Services can be a Class Action
This Article 78 proceeding raises the questions whether (1) the County Commissioner of Social Services has discretion as a matter of policy and without regard to the facts of the particular case to refuse a special grant to an aid to dependent children recipient who claims that she and…
Plaintiff Brings Motion for Summary Judgment
The motion (seq. No. 1) by the attorney for the Third-Party Defendant County of Nassau (the County) for an order pursuant to CPLR 3212 granting Summary Judgment dismissing the Third-Party complaint and all cross-claims against the County of Nassau is granted. Cross-motion (seq. No. 2) by the attorneys for…
Court Discusses Attorney Confidential Privledge
In a case that is one of first impression, this court is confronted with two novel questions: does the attorney confidential privilege survive the death of the client? And, if indeed the privilege does survive, under what circumstances, if any, may the court pierce through the veil of confidentiality?…
Plaintiff Brings Lawsuit over Eight Years of Attorneys Fees
This Civil Court action involves a dispute over legal fees that span a period of nearly eight (8) years. The deterioration of the attorney-client relationship and the legal action that ensue, often reveal acts and omissions by both parties that requires judicial intervention and scrutiny. The particulars of this…
Motion Brought By Social Services Request DNA Testing
This is a case where a motion was brought by the Deputy County Attorney’s Office, on behalf of the Nassau County Department of Social Services, seeking to have the Court direct the respondent to submit to DNA testing for the purpose of establishing paternity of the subject child. Both…