It has been observed by our court that “the natural right of visitation jointly enjoyed by the noncustodial parent and the child is more precious than any property right” and that “the best interests of the child would be furthered by the child being nurtured and guided by both…
Articles Posted in Divorce
Plaintiff has the burden to Establish Entitlement to Judgment
In this action, plaintiff is seeking to foreclose on a consolidated mortgage dated November 15, 1988 given by it to East Coast and encumbering the property located at 1078-1080 Utica Avenue in Brooklyn. By deed dated August 15, 2007, East Coast sold the mortgaged property to 1080. During oral…
Court Hears Unusual Family Law Case Involving Kidnapping
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County, which granted the defendants’ motion for summary judgment dismissing the complaint. A New York Family Lawyer said that the plaintiffs are members of an extended family who resided together…
Court Hears Disturbing Case of Abuse and Neglect
At issue on this appeal is whether the City of New York and a child protective service, defendant Louise Wise Services (LWS), sued herein as Louise Wise Agency, are insulated by immunity from liability for injuries allegedly sustained by children, both in connection with their judicial placement into the foster…
Plaintiff Contends that Defendant is in Contempt of Court
This is a motion by the plaintiff (hereafter wife) for an order 1) adjudging the defendant (hereafter husband) in contempt; 2) enforcing the parties’ judgment of divorce; 3) granting her a money judgment for accrued arrears; 4) awarding her counsel fees; 5) awarding her costs (damages) incurred as a…
Wife Seeks Money From Defendant for Back Child Support
In this plenary action in contract brought by a wife who seeks a money judgment for arrears in support payments due her under a separation agreement, the overriding issue is the proper interpretation of a provision of the agreement. Section 23 of the agreement specifically declares that the agreement…
Foster Parent Seeks Reimbursement for Costs
The petitioner is the foster parent of the subject child who was born October 2, 1984. By petition dated December 4, 1985, petitioner sought an order from Family Court directing respondent to pay for the costs of preschool and related services provided for the subject child by the Early Childhood…
Court Looks at Issue Regarding Personal Jurisdiction
This is a proceeding for support pursuant to Article 4 of the Family Court Act. The clerk of the court mailed a summons to the respondent, directing him to appear for a hearing. No attempt at personal or substituted service was made prior to the mailing of the summons. The…
Petitioner Challenges NY Financing Methods of Public Schools
Within the framework of this litigation are found dual challenges to New York’s method of financing elementary and secondary public school education. Proceeding upon separate but related theories, two groups of plaintiffs each seek a judgment declaring that such method of educational financing violates provisions of the federal and…
Petitioner Says Law Violates Equal Protection Clause
The plaintiffs, District Court Judges of the Suffolk County District Court, seek among other things, a judgment declaring the perpetuation of an unfavorable salary disparity between the plaintiffs and the Judges of the only other District Court in the State, that of adjoining Nassau County, violative of the equal…