Bradly v. Lumer, 2019 N.Y. Misc. Lexis 1717; 2019 WL 1566805 (N.Y. Dist. Ct.); N.Y.L.J. April 10, 2019.
Mar 27, 2020
OUTCOME: Landlord and Court directed that issues of occupancy, possession of marital residence be determined in matrimonial action.
Wife’s mother brought eviction action in Landlord and Tenant Court seeking to remove husband from marital residence during pending divorce action. Court dismissed mother in law’s action on the basis o...f “familial exception.” Court rejected mother in law’s assertion that husband was merely a licensee despite mother in law having life estate and spouses having reversionary interests.
Divorce and separation
Fredericks v. Fredericks, 85 A.D.3d 1107, 927 N.Y.S.2d 109
Jun 28, 2011
OUTCOME: Appellate Division reduces trial court award of retroactive child support (which was decided on submission) by approximately 50%.
The matrimonial action was settled by stipulation placed on the Record. Certain issues, including attorney fees and retroactive child support, were reserved for post-judgment submission. The Appellat...e Division held in the client's favor by reducing the trial court's award of retroactive child support by approximately 50%.
Family
In the Matter of Dorf v. Alvalle, 76 A.D.3d 629, 905 N.Y.S.2d 911.
Aug 17, 2010
OUTCOME: Appellate Division reverses trial court finding of contempt and incarceration against client (previously represented by different counsel) for alleged failure to provide visitation with no change to existing custodial arrangement.
Prior to being retained on behalf of client (mother of subject child), attorney for father of child and law guardian both filed petitions seeking contempt of existing family court order against child's... mother.
The petitions alleged that child's mother had willfully failed to abide by order which provided parenting time for child's father, and directive to utilize the services of parenting coordinator when such issues arose.
While represented by prior counsel, and fearing a total loss of custody, child's mother had entered into an admission in response to prior contempt petition filed by child's father and received a suspended thirty (30) day sentence of incarceration from the family court.
The more recent contempt petitions were filed by opposing counsel and the law guardian with mere days remaining on the client's suspended sentence of incarceration.
A detailed and extended contempt hearing was held. The parenting coordinator appeared as a witness for the child's father and law guardian.
Following testimony, the trial court found the child's mother in willful contempt of the existing order and imposed a ten (10) day sentence of incarceration.
On appeal, the trial court's finding of willful contempt was reversed. The Appellate Division held that the evidence at the hearing did not establish, beyond a reasonable doubt, that the mother willfully violated the existing order by depriving the father of parenting time with the parties' child.
Accordingly, the trial court erred in holding the mother in contempt and directing that she be incarcerated.
There was no change in the parties' custodial arrangement. The client remained the sole residential parent of the child.
Personal injury
Ins. Co. Of the State of Penn. v. Lubo, 188 Misc.2d 849, 729 N.Y.S.2d 829.
Apr 19, 2001
OUTCOME: Insurer not permitted to exclude either claimant from examination room during the other's examination or testimony
Insurer's demand at scheduled examination under oath that each claimant's examination and testimony be held outside the presence of the other was unreasonable in view of the absence of any provision of... the insurance policy or even a reasonable suspicion, of fraud or collusion on the part of the claimants.
