Charasz v. Rozenblum, 95 A.D.3d 1057 (2nd Dept 2012)
Jan 01, 2012OUTCOME:
This was one of the first decisions reported with respect to the new temporary maintenance statute enacted in New York State
Jessica Toelstedt's Legal Cases (3)
Mediation Lawyer
Practice Areas: Mediation, Marriage & Prenuptials, Divorce & Separation
Fields v. Fields
Jan 01, 2010OUTCOME: Husband's share of property purchased during the marriage was deemed marital.
Representing the Wife: 15 N.Y.3d 158 Court of Appeals of New York. Ronald FIELDS, Appellant, v. Lucille FIELDS, Respondent. The principal issue raised in this matrimonial case is whether hus ... band's one-half interest in the parties' residence—a Manhattan townhouse that husband purchased during the marriage and where the parties have lived for nearly 30 years—is marital property. The court conclude that the value of husband's one-half interest in the townhouse constitutes marital property subject to equitable distribution and the court affirmed the Appellate Division order.
Watson v. Smith 852 A.D. 3d 615 (2d 2008)
Jan 01, 2008OUTCOME: Reversed change in custody
Representing the Father: At the hearing before Referee Pizzolo, the mother failed to show that there were any changes in circumstances warranting a change of custody. Essentially, she showed only t ... hat the same difficulties in communication that existed between her and the child's father prior to the original determination as to custody still existed. This was insufficient, in and of itself, to warrant a change in custody, since there was no proof that the parties' relationship was so acrimonious as to warrant a change in custody (see Marcantonio v. Marcantonio, 307 A.D.2d at 741–742, 761 N.Y.S.2d 420; cf. Pambianchi v. Goldberg, 35 A.D.3d 688, 827 N.Y.S.2d 225). Furthermore, there was no proof that the best interests of the child warranted such a change of custody (see Matter of Pignataro v. Davis, 8 A.D.3d at 488, 778 N.Y.S.2d 528).
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