New York, NY
Divorce and separation Lawyer at New York, NY
Practice Areas: Divorce & Separation, Family, Criminal Defense
OUTCOME: prevailed in the trial court and on appeal
successfully defended a physician in a divorce against attempts to share in her enhance earning capacity as a physician and to obtain spousal maintenance
OUTCOME: German Prenuptial agreement upheld.
Obtained summary judgment in New York divorce to enforce prenuptial agreement executed in Germany before a notaire pursuant to German law.
OUTCOME:
Contested child custody action. obtained sole custody for client in trial court. Reported appeal concerned monetary sanctions against wife's divorce lawyer for invading escrow fund before conclusion o ... f divorce case. The lawyer was sanctioned and later disbarred
OUTCOME: Imorper attorneys fee award vacated and case remanded to trial court
After prevailing at trial to obtain child custody and to enforce a prenuptial agreement, successfully defended against an excessive and unwarranted attorneys free award in the divorce action.
OUTCOME: Statute struck down. Criminal prosecution against client dismissed.
Successfully lodged a direct constitutional attack upon a purported New York State video piracy law as violative of the Supremacy Clause contained in the United States Constitution.
OUTCOME: criminal conviction vacated.
After a jury in which the client was convicted of armed robbery the court reporter's transcripts which prevented an immediate appeal and denied the client's constitutional right thereto. The prosecut ... or attempted to "reconstruct" the record at a hearing. At that hearing Robert G. Smith represented the defendant, cross examined the trial judge and successfully established to the satisfaction of the appellate court that the precise record could not be reconstructed. The defendant was then exonerated. .
OUTCOME: Judgment for plaintiff. Florida statute struck down.
Constitutional challenge under the privileges and immunities clause of the United States Constitution to a Florida statute which prevented pepople not members of the Florida bar from serving as estate ... fiduciaries.
OUTCOME: The client of Robert G. Smith's law firm, Con Edison, prevailed.
In an attempt to obtain a friendlier court venue the City of New York tried to sue Con Edison in New York City by disguising its lawsuit as a declaratory judgment action instead of an Article 78 proc ... eeding, because Article 78 proceedings against Con Edison by law have to be brought in the Court located in Albany. Robert G. Smith established that the substance of the City's case against Con Ed was really a lawsuit that belonged in Albany, and the Appellate Court agreed.
OUTCOME: Verdict for plaintiff
Successfully prosecuted a breach of warranty case against a used car dealer prior to the enactment of New York's lemon law.
OUTCOME:
vendor of photographs for use in encyclopedia unsuccessfully sued for unfair competition. Judgment affirmed in New York's highest court.