Custody

Published on: January 14, 2013

Plaintiff Alleges Husband Falsified Financial Records

by Stephen Bilkis

This is a case being heard in the Special Term of the Supreme Court of the State of New York located in Nassau County. The plaintiff in the case is Audrey Feinberg and the defendant in the case is Herbert Feinberg. The action that is before the court was instituted by the plaintiff who is seeking to set aside a consensual migratory divorce that was obtained in a court located in the Dominican Republic as well as the separation agreement.

Plaintiff Argument

The plaintiff has alleged that in order to induce her into a separation agreement and execute a power of attorney to authorize counsel to appear on her behalf in a divorce action in the Dominican Republic court, the defendant falsely represented his financial worth. The attorney for the plaintiff requested the tax returns of the defendant and three years of tax returns were provided. However, the plaintiff argues that the defendant concealed the existence of negotiations for the sale of the family’s wine business, Monsieur Henri Company, in which the defendant has a third interest.

Published on: January 13, 2013

Defendant Argues that Alabama Divorce Decree Not Valid

by Stephen Bilkis

This is an action for separation being heard in the Special and Trial Term of the Supreme Court in New York County. Rue Magowan is the plaintiff wife seeking the separation. Edward S. Magowan is the defendant of the case. A New York Family Lawyer said the plaintiff wife states that the defendant was cruel to her during the marriage and that he has abandon her and failed to support her. The defendant has made a counterclaim against the plaintiff stating that the plaintiff’s previous divorce was not valid which means that their marriage was never valid.

Case Background

The divorce in question in this case was granted in the state of Alabama in the Circuit Court of Montgomery County. The divorce was granted on the third of March in 1955. The defendant and plaintiff were married in 1957 on the 21st of May. Their marriage took place in Hot Springs Arkansas.

Published on: January 12, 2013

Court Determines Validity of Mexican Divorce

by Stephen Bilkis

This is a case being heard in front of the Supreme Court of Westchester County. The plaintiff in the case is Agnes Mary Clark Alfaro. The defendant of the case is Carl E. Alfaro. The action before the court is for a separation based on the grounds of abandonment, non support, and cruelty. A New York Family Lawyer said the action also seeks to declare a Mexican divorce obtained by the defendant from the plaintiff on the fifteenth of October 1954 as invalid. The couple has three children together.

Case Background

Before the year 1940, the defendant was married to another woman. On the 23rd of January, 1940, he obtained a divorce from his former wife. On the 29th of January, 1940, he married the plaintiff in Mexico. The plaintiff claims that she married the defendant in Mexico because he was working there and had stated that he may in fact decide to reside there. The plaintiff also states that the defendant was present in the divorce proceedings that took place in Mexico.

Published on: January 11, 2013

Legal Malpractice Action Filed for Flawed Divorce Petition

by Stephen Bilkis

This is a legal malpractice action in which the plaintiff, Juraj Skvara is seeking a summary judgment for his malpractice cause of action claim against his former attorney, the defendant Philip Kamaras. A New York Family Lawyer said the plaintiff is seeking a money judgment in the amount of $1,000,000. The defendant has issued a cross motion for an order dismissing the complaint made against him. This is based on the grounds that the plaintiff’s action was not properly commenced and fails to state a valid cause of action for legal malpractice.

Case Background

The plaintiff, Skvara, retained the defendant Kamaras on the 23rd of February, 2006 to handle a matrimonial and family court proceeding against his ex – wife, Andrea Skvara after the divorce judgment was vacated in a New York divorce court. The defendant provided the plaintiff with a written retainer agreement and a client’s bill of rights before taking on the case.

Published on: January 10, 2013

Court Determines if Divorce Filed in Ghana is Valid

by Stephen Bilkis

This is a case being heard before the Supreme Court of the State of New York located in Nassau County. The plaintiff in the case is T.T. and the defendant in the matter is K.A. The plaintiff/wife is seeking a temporary order of relief while the divorce is being settled. The defendant/husband has moved for an order to dismiss the complaint.

Case Background

A New York Family Lawyer said the couple was married on the 20th of April in Ghana in a ceremony that is referred to as a customary marriage in the country. The couple has not stated that the marriage was registered, licensed, or in any way officially validated by a civil authority of Ghana. The couple has two children together who are emancipated.

Published on: January 9, 2013

Court Decides Whether to Vacate Divorce Decree Should Be Vacated

by Stephen Bilkis

This case is being heard in the Supreme Court of the State of New York located in Queens County. The case involves the plaintiff John Doe and the defendant Jane Doe. A New York Family Lawyer said the plaintiff has motion for the final decree of divorce to be vacated on the grounds that the couple is attempting reconciliation. The Court is asked to determine if there is a benefit to the motion for allowing a vacatur of the final judgment that was made in this case or if the motion should be denied on the grounds of finality.

Case Background

The couple, John and Jane Doe, was married in 2005 in the state of Rhode Island. The couple does not have any children. In 2009, the husband filed for divorce on grounds of abandonment. A New York Custody Lawyer said the husband stated that the wife had left the marital home located in Queens County, New York and was currently residing in Rhode Island.

Published on: January 8, 2013

Court Decides if Defendant Has the Right to Challenge Alabama Divorce Decree

by Stephen Bilkis

This case is being heard in the Supreme Court of Sullivan County. The plaintiff of the case is Sonia Rosenbluth and the defendant is Herbert Rosenbluth. The plaintiff is seeking a separation based on the grounds of non support and abandonment. A New York Family Lawyer said the defendant has conceded the issue of abandonment. Abandonment without justification would indicate a decree of separation in favor of the plaintiff. The defendant argues that the abandonment was justified, stating that he left the plaintiff when it was determined that her divorce from her first husband in the state of Alabama was found to be void. The defendant is seeking an annulment of their marriage on this basis.

Case Facts

The plaintiff was married to Edward V. Langston prior to the 8th of August, 1956. Langston and the plaintiff lived in Orange County New York during their marriage. Langston was never present physically in the state of Alabama and the plaintiff was employed in Newburgh, New York during the marriage. A New York Custody Lawyer said the plaintiff took a vacation from her job to go to Alabama for the purpose of obtaining a divorce. It is clear that during the marriage the plaintiff and her former husband lived in New York and were never residents of Alabama.

Published on: January 7, 2013

Court Decides if Mexican Divorce Decree is Valid in U.S.

by Stephen Bilkis

This is a case being heard in the Special and Trial Term of the Supreme Court of the State of New York located in New York County. The plaintiff in the case is Lewis S. Rosenstiel. He is requesting that the court use its authority to grant an annulment of his marriage to the defendant Susan L. Rosenstiel. He entered the marriage with the defendant on the 30th of November, 1956. The defendant argues that this marriage cannot be legal or deemed valid as the defendant’s previous marriage and divorce to Felix E. Kaufmann must be rejected as a nullity under the laws of the state of New York.

Court Discussion

A New York Family Lawyer said the issue that is put before this court is whether or not the decree for divorce that was made in Mexico is legitimate. The determination of whether or not the divorce in Mexico is considered valid effects the overall decision of this court in whether or not an annulment of the plaintiff’s marriage to the defendant should be granted.

Published on: January 6, 2013

Court Determines that Equitable Distribution Does not Terminate Upon Death of One Spouse

by Stephen Bilkis

This is a case before the Supreme Court, Appellate Division, Second Department. The respondent in the matter is Harold J. Peterson. A New York Family Lawyer said the defendants and appellant of the case is Joel Goldberg, et al. The case before the court involves the issue of whether a cause of action for equitable distribution of an estate can be made by a person who has been granted a divorce in a foreign state prior to the death of the party in question.

Case Facts

Harriet Goldberg is the decedent of the plaintiff and lived as husband and wife with the defendant Joel Goldberg. The couple separated and the husband left the home in New York to live in Florida. The wife completed an instant action for divorce and ancillary relief in 1986. The husband procured an ex parte divorce judgment in the state of Florida in 1987. This effectively terminated the status of the couple as husband and wife. The husband remarried after the divorce was final. The divorce court in Florida did not attempt to make a settlement of the ancillary property issues that were relevant in the marriage being terminated.

Published on: January 6, 2013

Defendant Contends He Received an Unfair Trial

by Stephen Bilkis

Upon the notice of motion dated July 2, 2010, defendant moves via his attorney for an order pursuant to Criminal Procedure Law (CPL) sections 440.10(1)(H) and 440.20 to vacate the within conviction and to have his sentence therewith set aside. A New York Family Lawyer said defendant argues that his conviction should be vacated and the sentence set aside because of ineffective assistance of counsel, in that, although alibi notice was served and on notice with the court, trial counsel failed to present defendant’s alibi defense and did not call alibi witnesses whose testimony would have exculpated defendant from the within conviction. A hearing on this matter was granted without objection from counsel and held on October 28, 2010. The hearing was continued on December 16, 2010 with oral argument of counsel.

On February 3, 1993 at approximately 8:45 pm at 1033 Broadway in Kings County, the defendant along with three companions was alleged to have robbed four persons inside a pool hall located at that address. A New York Custody Lawyer said the defendant was said to be armed and in the course of the robbery shot two persons one died and the other was wounded, an eyewitness. Eyewitnesses identified the defendant out of a line-up and photo array as one of the people who committed the crimes. Defendant was charged with Murder in the Second Degree, Attempted Murder in the Second Degree, Robbery in the First Degree, and two counts of Criminal Possession of a Weapon.

A Suffolk County Family Lawyer said that, alibi notice had been presented in this matter by defendant’s former Legal Aid attorney which offered the defense that defendant could not have committed the acts he is charged with because at the time of the commission of said crimes defendant was eighteen blocks away at 1217 Jefferson Avenue in Kings County, his family home. Defendant had intended to call the two tenants who live at 1217 Jefferson Avenue. The alibi notice dated April 12, 1993 is addended to defendant’s motion as exhibit A.