New York Family Law Blog

Published on: December 31, 2012

Court Reviews Personal Jurisdiction in Divorce Case

by Stephen Bilkis

This is an instant case being heard in the Supreme Court of the State of New York in New York County. The case involves legal malpractice claims made by the plaintiffs, Vladimira Koch, (Vladka),Michal Koch, and several video companies that Vladimira Koch holds ownership interests in. The claims are made against the defendants, who were former counsels that represented Vladimira Koch during her divorce preceding. The defendants include Sheresky, Aronson, & Mayefsky, LLP, David Aronson individually, Brager, Wexler, Eagel & Morgenstern, P.C., Raymond A. Brager individually, Ragues & Min, Esq., Raymond Ragues individually, D’Agostino & Salvi, LLP and Frank J. Salvi individually.

A New York Family Lawyer said the Brager, Salvi, and Aronson defendants have each filed a motion seeking dismissal of the complaints made against them on various grounds. In opposition to these motions the plaintiffs have filed a cross motion for an order to extend their time to complete the service of process.

Case Background

Published on: December 30, 2012

Plaintiff Sues Divorce Lawyer for Failure to Prosecute

by Stephen Bilkis

The plaintiff, Marguerite Grucci has alleged a first cause of action for legal malpractice for failure to prosecute and a second cause of action for legal malpractice for failure to obtain a permanent order for protection and a third cause of action for a breach of contract against the defendants Gregory Rabinowitz and Kramer & Rabinowitz, LLC. This case is being heard in the Supreme Court of the State of New York located in Suffolk County.

A New York Family Lawyer said the plaintiff has also entered a fourth cause of action in this case seeking damages for the delay in turning her file over to the new attorney that she obtained and for removing documents from the file and delaying the recommencement of her case. She states that the defendant deceitfully advised her that her grounds for divorce were not strong enough. She also alleges a cause of action regarding her loss of support and maintenance based on the defendant’s refusal to release the payments from escrow. The final cause of action made by the plaintiff accuses the defendant’s of excessive billing.

Plaintiff’s Case

Published on: December 29, 2012

Wife Claims She Owns Half of Husband’s Stock Proceeds

by Stephen Bilkis

This case is being heard in the Supreme Court of the State of New York located in Westchester County. Jose and Nerieda Rodriguez as the administrators of the estate of the deceased Janette Carlucci and Candice Carlucci are the plaintiffs in this case. The defendant in the case is Iren Sepe. A New York Family Lawyer said the plaintiff have motioned for a declaration stating that they are entitled to 100% of the shares of stock of the Very Best IRTJ Corporation that is owned by Robert Sepe. The defendant’s have made a cross motion seeking a declaration that she has a superior right to half of the proceeds of the sale of the stock of the Very Best IRTJ Corporation.

Case Background

The defendant, Irene Sepe and her ex-husband Robert Sepe were divorced on the 16th of July, 2007. A stipulation of settlement was entered as part of the divorce. In this settlement Robert Sepe acknowledged that he was the sole owner of The Very Best IRTJ Corporation. The principal asset of the company is a commercial building that is located on Yorktown Road in Croton-on-Hudson. A New York Custody Lawyer said the stipulation of the divorce settlement states:

Published on: December 28, 2012

Paternity in Question in Divorce Case

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York located in New York County. The plaintiff of the case is Andrew T. and the defendant in the matter is Yana T.

Case Background

A New York Family Lawyer said the couple of this case were married on the first of July in 2006. The marriage took place in New York City. Approximately fifteen months after the wedding, in September of 2007, the couple filed for divorce. The grounds stated for the divorce were abandonment of the plaintiff by the defendant for a year prior to the beginning of the divorce proceeding and cruel and inhuman treatment of the plaintiff by the defendant. The plaintiff relied on the abandonment cause of action as the main reason for seeking the divorce.

Published on: December 27, 2012

Court Decides Jurisdiction Issue

by Stephen Bilkis

This case is being heard in the New York Supreme Court located in Kings County. The plaintiff in the case is Elizabeth Benson Weiss and the defendant in the case is Bruce Weiss. The defendant/husband, Bruce Weiss has moved for an order to dismiss the complaint that has been made against him by the plaintiff/wife, Elizabeth Benson Weiss. The defendant basis his argument for dismissal on the fact that the lack of jurisdiction by the court. Alternatively, the defendant wishes to have the venue of this case moved to the Family Division, District Court located in Clark County, Nevada.

Case Background

A New York Family Lawyer said the couple was married in 1986 in New York, New York. The couple lived in Brooklyn, New York for their entire marriage. The couple states that they physically separated a few years ago. The couple has one child, a daughter named Jessica.

Published on: December 26, 2012

Wife Files for Distribution of Marital Property Eight Years After Divorce

by Stephen Bilkis

This case is being heard in the New York Supreme Court located in Westchester County. The plaintiff in the case is E.A. and the defendant is R.A.

Case Background

A New York Family Lawyer said the material and relevant facts of this case are undisputed. The couple was married on the 12th of April, 1985, in Danbury, Connecticut. The couple has one child together, Maxine Audet who is 19 years old and currently attending college. The husband has remained a resident of the state of Connecticut since the time of the marriage.

Published on: December 25, 2012

Wife Claims Emotional Distress, Fraud in Divorce Proceedings

by Stephen Bilkis

This is a case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The appellant in this case is Xiao Yang Chen and the respondent in the matter is Ian Ira Fischer. The appellant is seeking to appeal an order that was made in the Supreme Court of Westchester County that granted the defendant the motion to dismiss the complaint made against him on the grounds of res judicata.

A New York Family Lawyer said the action that is being brought forth by Xiao Yang Chen is seeking to recover damages for personal injuries that she allegedly sustained from the hands of her ex husband, Ian Ira Fischer while they were married. The issue before the court is whether the judgment for divorce dated the 8th of May, 2002 bars Chen from seeking this action based on the alleged and tortuous acts that allegedly took place during the marriage.

Case Background

Published on: December 24, 2012

Wife Contends Divorce Papers Fail to State a Cause of Action

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of the State of New York located in Kings County. The plaintiff in the case is Sidney Wechter and the defendant in the case is Florence Wechter. The plaintiff husband is seeking a divorce and the defendant wife is seeking an order to dismiss the complaint for failure to state a cause of action in the matter.

Case Background

A New York Family Lawyer said the couple was married in the state of New York in 1952. They have two children together, Paula who is over the age of 21 and Glenda who is 14 years old. The couple has a history of marital strife since the marriage began. Around the year 1967, the plaintiff husband left the defendant and went to Mexico. While in Mexico he obtained a unilateral divorce. Based on this divorce the plaintiff remarried a few years ago and is currently living with his “new” wife. The plaintiff is not relying on this divorce for this instant proceeding.

Published on: December 22, 2012

Husband Seeks to Convert Separation Judgment to Divorce

by Stephen Bilkis

This case is being heard in the Supreme Court of the State of New York, Trial Term located in New York County. The plaintiff in the case is Edward Hendel. The defendant in the case is Arline Hendel. The plaintiff husband is seeking a divorce on the ground that he and the defendant wife have lived separately for more than two years as stated in the separation agreement. He further states that he has met all of the conditions and terms of the separation judgment.

Case Background

A New York Family Lawyer said the couple was married in New York, New York on the 11th of June, 1950. They have two sons together who are fourteen and eleven years old. The defendant wife as a plaintiff in a Westchester County action was awarded a separation judgment on the tenth of February, 1966. This judgment was appealed and affirmed in appellate court.

Published on: December 21, 2012

Should the Domestic Relations Law be Applied Retroactively?

by Stephen Bilkis

This is a case being heard in the First Department, Appellate Division of the Supreme Court in the State of New York. This case involves the plaintiff and respondent Jackie Gleason against the defendant and appellant Genevieve Gleason and the plaintiff and appellant Eli Goldstein against the defendant and respondent Beatrice Goldstein.

A New York Family Lawyer said the case before the court involves appeals from two separate couples and the court must determine whether the Domestic Relations Law should be applied retroactively to cases in order to authorizes a divorce based on the parties living apart based on a separation judgment that was entered prior to the effective dates of the Divorce Reform Laws.

Gleason Case