green
Positive treatment
Quoted verbatim 1×
6.5 score
“it is impermissible for defense counsel to intentionally or inadvertently, to couch his grounds for admissibility in such obscure terms before the trial court, reserving for the appeal a precise statement of grounds.”
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Lawrence Ozel Little
it is impermissible for defense counsel to intentionally or inadvertently, to couch his grounds for admissibility in such obscure terms before the trial court, reserving for the appeal a precise statement of grounds.
discussed
Cited "see"
Fragola v. Alfaro
“The proper amount of support to be paid, however, is determined not by the parent’s current economic situation, but by the parent’s assets and earning capacity” (Matter of Muselevichus v Muselevichus, 40 AD3d at 998-999; see Hickland v Hickland, 39 NY2d 1, 5-6 [1976], cert denied 429 US 941 [1976]; Beard v Beard, 300 AD2d 268, 269 [2002]; Matter of Yepes v Fichera, 230 AD2d at 804 ).
discussed
Cited "see"
Cordell v. Cordell
Thus, the rejected overtime, if any, does not account for the reduction in income (cf., Matter of Moore v Moore, 115 AD2d 894, 895 ; see generally, Hickland v Hickland, 39 NY2d 1 , rearg denied 39 NY2d 943 , cert denied 429 US 941 ).
discussed
Cited "see"
Lipow v. Lipow
Since “the ability to be self-supporting is one of many factors to be considered by the court in awarding alimony” (McClusky v McClusky, 87 AD2d 973 ; see, Hickland v Hickland, 39 NY2d 1 , cert denied 429 US 941 , supra; Kover v Kover, 29 NY2d 408 ), Special Term properly modified the plaintiff’s support and other financial obligations pursuant to the judgment of divorce only by reducing the plaintiff’s alimony obligation by $4,500 per year.
discussed
Cited "see"
Lerma v. State
(2×)
See generally, United States v. Mari, 526 F.2d 117, 120-21 (2d Cir.1975) (Oakes, J., concurring), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976).
cited
Cited "see"
Donald Smith v. Charles E. Anderson
See generally, United States v. Mari, 526 F.2d 117, 120-21 (2d Cir. 1975) (Oakes, J., concurring), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976).
cited
Cited "see"
United States v. Lawrence Jeffrey Sacks
See United States v. Harris, 534 F.2d 207, 214 (10th Cir.), cert, denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976).
discussed
Cited "see"
United States v. One (1) 1963, Hatteras Yacht Ann Marie A/K/A Shasta Ii, Etc.
See United States v. Garcia, 531 F.2d 1303, 1307 (5th Cir.), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976); United States v. De Leon, 474 F.2d 790, 792-793 (5th Cir.), cert. denied, 414 U.S. 853 , 94 S.Ct. 148 , 38 L.Ed.2d 102 (1973).
cited
Cited "see"
Commonwealth v. Bolduc
See United States v. Mari, 526 F.2d 117, 119 (2d Cir. 1975), cert. denied, 429 U.S. 941 (1976).
discussed
Cited "see"
United States v. Jessie Lee Blackshear
See United States v. Garcia, 531 F.2d 1303, 1307 (5th Cir.), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976); United States v. DeLeon, 474 F.2d 790, 792-93 (5th Cir.), cert. denied, 414 U.S. 853 , 94 S.Ct. 148 , 38 L.Ed.2d 102 (1973).
discussed
Cited "see, e.g."
Finn v. Piesco
The Supreme Court providently exercised its discretion in imputing income of $75,000, to plaintiff based on her work history, education, and skills, thus deeming her income equal to that reported on defendant’s tax return and denying plaintiffs request for temporary maintenance (Lennox v Weberman, 109 AD3d 703, 703 [1st Dept 2013]; see also Hickland v Hickland, 39 NY2d 1 [1976], cert denied 429 US 941 [1976]; Osha v Osha, 101 AD3d 481 , 481 [1st Dept 2012]).
discussed
Cited "see, e.g."
Branche v. Holloway
The court properly imputed to defendant income of $1 million annually based on the fact that he earned in excess of $1 million annually from 2000 through 2009 (Lennox v Weberman, 109 AD3d 703 [1st Dept 2013]; see also Hickland v Hickland, 39 NY2d 1 [1976], cert denied 429 US 941 [1976]).
discussed
Cited "see, e.g."
Brown v. Brown
The court also properly imputed an annual income to the husband of $900,000 when it computed the maintenance award (see Lennox, 109 AD3d at 703-704 ; see also Hickland v Hickland, 39 NY2d 1, 4-6 [1976], cert denied 429 US 941 [1976]).
discussed
Cited "see, e.g."
Krigsman v. Krigsman
Further, the trial court failed to properly impute the defendant’s income and consider the defendant’s earning potential as he continues his career (see, Mellen v Mellen, 260 AD2d 609 ; Grossman v Grossman, 248 AD2d 536 ; see also, Hickland v Hickland, 39 NY2d 1 , cert denied 429 US 941 ).
discussed
Cited "see, e.g."
Ott v. Ott
By their use of the terms “gross earned income” and “gross earnings”, it is apparent that the parties intended that all income derived from defendant’s employment, including fringe benefits and perquisites supplied by defendant’s employer, be used as the basis for calculating maintenance payments (see, Keene v Keene, 175 AD2d 666 ; Williamson v Williamson, 84 AD2d 606, 607 , lv denied 55 NY2d 604 ; Krell v Krell, 192 Misc 1 , affd 274 App Div 972 , rearg denied 274 App Div 1029 ; see also, Hickland v Hickland, 39 NY2d 1, 5 , rearg denied 39 NY2d 943 , cert denied 429 US 941 ).
discussed
Cited "see, e.g."
Petzold v. Petzold
We agree with the Supreme Court that the plaintiff failed to demonstrate a change of circumstances sufficient to entitle him to a downward modification of his child support obligation (see, Matter of Mendelson v Winter, 255 AD2d 327 ; see also, Hick-land v Hickland, 39 NY2d 1 , cert denied 429 US 941 ; Matter of Ludwig v Peyóme, 195 AD2d 1020 ; Matter óf Moore v Moore, 115 AD2d 894 ).
discussed
Cited "see, e.g."
Sutphin v. Dorey
Although inability to pay is a defense to a claim of willfulness (see generally, Besharov, 1984 Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act § 454, 1996 Pocket Part, at 141), there is support in the record for Family Court’s conclusion that respondent has not made reasonable efforts to seek employment that is commensurate with his intellectual ability and verbal skills and that would enable him to meet his child support obligation (see, Matter of Nassau County Dept. of Social Servs. v Walker, 95 AD2d 855, 856 , lvs dismissed 60 NY2d 557 , 778; s…
discussed
Cited "see, e.g."
Carr v. Carr
Further, the court properly determined the amount of maintenance and child support based upon the husband’s ability to provide for his wife and children, rather than his claimed current economic situation (see, Gunn v Gunn, 143 AD2d 393, 395 ; see also, Hickland v Hickland, 39 NY2d 1 , cert denied 429 US 941 ; Kay v Kay, 37 NY2d 632, 637 ).
discussed
Cited "see, e.g."
Allen v. Bowen
This is particularly true here because respondent chose to open his own law practice providing a lower income initially, rather than accept a job elsewhere (see, Lipow v Lipow, 110 AD2d 756 ; see also, Hickland v Hickland, 39 NY2d 1, 5-6 , cert denied 429 US 941 ).
cited
Cited "see, e.g."
21 Fed. R. Evid. Serv. 166, prod.liab.rep.(cch)p 11,070 Beatrice Reese, Individually and as Guardian for Carol Lynn Reese and Jennifer Ann Reese, Minor Children, and Eli Reese v. Mercury Marine Division of Brunswick Corporation
Berger, Weinstein's Evidence p 103 at 103-31 to 103-32 (1985); see also United States v. Garcia, 531 F.2d 1303, 1307 (5th Cir.), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976).
cited
Cited "see, e.g."
Reese v. Mercury Marine Division of Brunswick Corp.
Berger, Weinstein’s Evidence 11103[03] at 103-31 to 103-32 (1985); see also United States v. Garcia, 531 F.2d 1303, 1307 (5th Cir.), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976).
discussed
Cited "see, e.g."
Cranford v. Cranford
Merely because defendant was able to be self-supporting by operating her own funeral parlor and maintaining income-producing real property did not automatically relieve plaintiff from having to pay alimony (McClusky v McClusky, 87 AD2d 973; see also, Hickland v Hickland, 39 NY2d 1, 6 , cert denied 429 US 941 ), particularly where defendant had been employed and was apparently receiving a greater net income at the time of the stipulation.
discussed
Cited "see, e.g."
Mariano Salomon v. J. Edwin Lavallee, Superintendent, Clinton Correctional Facility
(2×)
See also Holloway v. Arkansas, --- U.S. ----, 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978). 3 At least two judges of this court would either forbid such joint representation because of the possibility of conflict of interest, United States v. Carrigan, 543 F.2d 1053, 1057-58 (2d Cir. 1976) (Lumbard, J., concurring), or allow it only in "exceptional circumstances," United States v. Mari, 526 F.2d 117, 121 (2d Cir. 1975), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976) (Oakes, J., concurring); a third member of the court views joint representation "as something to be frowned upon," Ka…
discussed
Cited "see, e.g."
United States v. Sam B. Haynes
Rule 51, Fed.R.Crim.P., requires that a party make known to the court “his objection to the action of the court and the grounds therefor.” When an objection is so general “as not to indicate the specific grounds upon which it is made, it is unavailing on appeal, unless it be of such character that it could not have been obviated at the trial.” Noonan v. Caledonia Gold Mining Co., 121 U.S. 393, 400 , 7 S.Ct. 911, 915 , 30 L.Ed. 1061 (1887); see also United States v. Garcia, 531 F.2d 1303 (5 Cir.), cert. denied, 429 U.S. 941 , 97 S.Ct. 359 , 50 L.Ed.2d 311 (1976); United States v. Hyde, …
Retrieving the full opinion text from the archive…
Wright
v.
Southwestern Life Insurance Co.
v.
Southwestern Life Insurance Co.
No. 76-396.
Supreme Court of the United States.
Nov 8, 1976.
Published
Citer courts: Sixth Circuit (1)
C. A. 5th Cir. Certiorari denied.