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30 New York opinions name it 6 courts 1882–2024 2 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Grunfeld v. Grunfeldgreen2 sentences2020However, the court correctly found the businesses, active assets, should be valued as of the date of commencement ( Grunfeld v Grunfeld , 94 NY2d 696, 707-708 [2000]), and, in turn, properly found the loan applications, which pre-dated the commencement of this action by years, were not viable proof of value ( see Domestic Relations Law 236B[4][b]). 2020However, the court correctly found the businesses, active assets, should be valued as of the date of commencement ( Grunfeld v Grunfeld , 94 NY2d 696, 707-708 [2000]), and, in turn, properly found the loan applications, which pre-dated the commencement of this action by years, were not viable proof of value ( see Domestic Relations Law 236B[4][b]). | 2 | 2 |
Seale v. Sealegreen1 sentence2021"Domestic Relations Law § 238 authorizes courts to make discretionary awards of counsel fees upon enforcement motions, and Domestic Relations Law § 237 (c) mandates such an award upon a determination that a party's failure to obey an order compelling payment of a distributive award was willful" ( Seale v Seale , 154 AD3d 1190, 1196 [2017]). "[T]he statute contains a rebuttable presumption that counsel fees shall be awarded to the less monied spouse" ( Momberger v Momberger , 103 AD3d 971, 972 [2013]). | 1 | 1 |
Momberger v. Mombergergreen1 sentence2021"Domestic Relations Law § 238 authorizes courts to make discretionary awards of counsel fees upon enforcement motions, and Domestic Relations Law § 237 (c) mandates such an award upon a determination that a party's failure to obey an order compelling payment of a distributive award was willful" ( Seale v Seale , 154 AD3d 1190, 1196 [2017]). "[T]he statute contains a rebuttable presumption that counsel fees shall be awarded to the less monied spouse" ( Momberger v Momberger , 103 AD3d 971, 972 [2013]). | 1 | 1 |
Green v. Montgomerygreen1 sentence2018Her primary contention is instead that the husband, by denying the alleged behavior that led to the charges, waived the statutory bulwark against disclosure by "commenc[ing] a civil action and affirmatively plac[ing] the information protected by CPL 160.50 into issue" ( Wright v Snow , 175 AD2d 451, 452 [1991], lv dismissed 79 NY2d 822 [1991]; see Green v Montgomery , 95 NY2d 693, 701 [2001] Matter of City of Elmira v Doe , 39 AD3d 942, 944 [2007], affd 11 NY3d 799 [2008]). | 1 | 1 |
In THE MATTER OF CITY OF ELMIRA v. John Doegreen1 sentence2018Her primary contention is instead that the husband, by denying the alleged behavior that led to the charges, waived the statutory bulwark against disclosure by "commenc[ing] a civil action and affirmatively plac[ing] the information protected by CPL 160.50 into issue" ( Wright v Snow , 175 AD2d 451, 452 [1991], lv dismissed 79 NY2d 822 [1991]; see Green v Montgomery , 95 NY2d 693, 701 [2001] Matter of City of Elmira v Doe , 39 AD3d 942, 944 [2007], affd 11 NY3d 799 [2008]). | 1 | 1 |
Wright v. Snowgreen1 sentence2018Her primary contention is instead that the husband, by denying the alleged behavior that led to the charges, waived the statutory bulwark against disclosure by "commenc[ing] a civil action and affirmatively plac[ing] the information protected by CPL 160.50 into issue" ( Wright v Snow , 175 AD2d 451, 452 [1991], lv dismissed 79 NY2d 822 [1991]; see Green v Montgomery , 95 NY2d 693, 701 [2001] Matter of City of Elmira v Doe , 39 AD3d 942, 944 [2007], affd 11 NY3d 799 [2008]). | 1 | 1 |
City of Elmira v. Doegreen1 sentence2018Her primary contention is instead that the husband, by denying the alleged behavior that led to the charges, waived the statutory bulwark against disclosure by "commenc[ing] a civil action and affirmatively plac[ing] the information protected by CPL 160.50 into issue" ( Wright v Snow , 175 AD2d 451, 452 [1991], lv dismissed 79 NY2d 822 [1991]; see Green v Montgomery , 95 NY2d 693, 701 [2001] Matter of City of Elmira v Doe , 39 AD3d 942, 944 [2007], affd 11 NY3d 799 [2008]). | 1 | 1 |
Halse v. Halsegreen1 sentence2016Thus, in view of the paucity of evidence regarding this account and the court’s “substantial discretion in setting the valuation date any time between the commencement of the action and the date of the trial” (Halse v Halse, 93 AD3d 1003, 1004 [2012]; see Domestic Relations Law § 236 [B] [4] [b]; McSparron v McSparron, 87 NY2d 275, 287-288 [1995]), we cannot say that Supreme Court abused its discretion in crediting the husband’s testimony and valuing the Millennium account at $19,500. | 1 | 1 |
McSparron v. McSparrongreen1 sentence2016Thus, in view of the paucity of evidence regarding this account and the court’s “substantial discretion in setting the valuation date any time between the commencement of the action and the date of the trial” (Halse v Halse, 93 AD3d 1003, 1004 [2012]; see Domestic Relations Law § 236 [B] [4] [b]; McSparron v McSparron, 87 NY2d 275, 287-288 [1995]), we cannot say that Supreme Court abused its discretion in crediting the husband’s testimony and valuing the Millennium account at $19,500. | 1 | 1 |
In re Bollesgreen1 sentence2005By contrast, the courts began to recognize that the creditor had available “some remedy against the alimony” when the claim arose after the award was made to the wife and where the claim was based upon the furnishing of necessaries to the wife (see 7th Ann Report of NY Jud Council, supra, citing Baskin & Co. v Howe, 225 App Div 553, 557 [1929]; Faversham v Faversham, 161 App Div 521, 523 [1914]; West v Washburn, 153 App Div 460, 462-463 [1912]; Matter of Bolles, 78 App Div 180, 181 [1903]; Matter of Tappe, Inc. v Battelle, 140 Misc 49 [1931]). | 1 | 1 |
West v. Washburngreen1 sentence2005By contrast, the courts began to recognize that the creditor had available “some remedy against the alimony” when the claim arose after the award was made to the wife and where the claim was based upon the furnishing of necessaries to the wife (see 7th Ann Report of NY Jud Council, supra, citing Baskin & Co. v Howe, 225 App Div 553, 557 [1929]; Faversham v Faversham, 161 App Div 521, 523 [1914]; West v Washburn, 153 App Div 460, 462-463 [1912]; Matter of Bolles, 78 App Div 180, 181 [1903]; Matter of Tappe, Inc. v Battelle, 140 Misc 49 [1931]). | 1 | 1 |
Faversham v. Favershamgreen1 sentence2005By contrast, the courts began to recognize that the creditor had available “some remedy against the alimony” when the claim arose after the award was made to the wife and where the claim was based upon the furnishing of necessaries to the wife (see 7th Ann Report of NY Jud Council, supra, citing Baskin & Co. v Howe, 225 App Div 553, 557 [1929]; Faversham v Faversham, 161 App Div 521, 523 [1914]; West v Washburn, 153 App Div 460, 462-463 [1912]; Matter of Bolles, 78 App Div 180, 181 [1903]; Matter of Tappe, Inc. v Battelle, 140 Misc 49 [1931]). | 1 | 1 |
Maurice Baskin & Co. v. Howegreen1 sentence2005By contrast, the courts began to recognize that the creditor had available “some remedy against the alimony” when the claim arose after the award was made to the wife and where the claim was based upon the furnishing of necessaries to the wife (see 7th Ann Report of NY Jud Council, supra, citing Baskin & Co. v Howe, 225 App Div 553, 557 [1929]; Faversham v Faversham, 161 App Div 521, 523 [1914]; West v Washburn, 153 App Div 460, 462-463 [1912]; Matter of Bolles, 78 App Div 180, 181 [1903]; Matter of Tappe, Inc. v Battelle, 140 Misc 49 [1931]). | 1 | 1 |
Breed, Abbott & Morgan v. Hulkogreen1 sentence1991Therefore, the expense of the receiver was incurred as a result of an act or omission by the wife in violation of the stipulation and the cost of the receiver must be borne by the wife from her share of the proceeds of the sale (see, Choy v Choy, 137 AD2d 784 ; see also, Breed, Abbott & Morgan v Hulko, 139 AD2d 71 , affd 74 NY2d 686 ). | 1 | 1 |
Breed, Abbott & Morgan v. Hulkogreen1 sentence1991Therefore, the expense of the receiver was incurred as a result of an act or omission by the wife in violation of the stipulation and the cost of the receiver must be borne by the wife from her share of the proceeds of the sale (see, Choy v Choy, 137 AD2d 784 ; see also, Breed, Abbott & Morgan v Hulko, 139 AD2d 71 , affd 74 NY2d 686 ). | 1 | 1 |
| Johnson v. . Johnsongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gossett v. Patten
neutral
2 sentences1925It is said that ‘ it is never necessary for the safety of the wife, as such, to obtain a divorce from her husband or to resist his obtaining one from her.’ Bishop’s Mar. & Div., sec. 571.” *277 In an action brought by him against her it might be different (Gossett v. Patten, 23 Kan. 340 ), although some of the early authorities go to the extent of holding that even where the husband brings the action he is not liable for the legal services rendered the wife in her defense. 1898Patten ( 23 Kans. 340 ) the plaintiff rendered services .to the wife in the defense of a divorce suit brought against lier by her.husband. | 2 | 1898–1925 |
Turner v. Maiden
green
1 sentence2024Matter of Turner v Maiden , 70 AD3d 1214 [3d Dept 2010]). | 1 | 2024–2024 |
Sobel v. Higgins
green
1 sentence2018Her primary contention is instead that the husband, by denying the alleged behavior that led to the charges, waived the statutory bulwark against disclosure by "commenc[ing] a civil action and affirmatively plac[ing] the information protected by CPL 160.50 into issue" ( Wright v Snow , 175 AD2d 451, 452 [1991], lv dismissed 79 NY2d 822 [1991]; see Green v Montgomery , 95 NY2d 693, 701 [2001] Matter of City of Elmira v Doe , 39 AD3d 942, 944 [2007], affd 11 NY3d 799 [2008]). | 1 | 2018–2018 |
Bernstein v. Bernstein
green
1 sentence2017Under these circumstances, where the QDRO pertaining to the 401 (k) account merely implemented the parties’ stipulation, the wife’s appeal from this QDRO must be dismissed (see Bernstein v Bernstein, 18 AD3d at 684 ). | 1 | 2017–2017 |
Rowe v. Eli Lilly & Co.
neutral
1 sentence2006Because neither party raised the issue of forum non conveniens, and the court overlooked New York’s extensive ties to the matter (the former wife is a New York resident, the marital home was in New York, the claim at issue accrued under a stipulation entered into in New York, and the marital debt at issue accrued in New York), the court’s denial of that branch of the motion which was, in effect, to enforce the provisions of the judgment of divorce concerning certain marital debt, without prejudice to the former wife moving for that relief in the courts of the state of Indiana, was an improvide | 1 | 2006–2006 |
VSL Corp. v. Dunes Hotels & Casinos, Inc.
green
1 sentence2006Because neither party raised the issue of forum non conveniens, and the court overlooked New York’s extensive ties to the matter (the former wife is a New York resident, the marital home was in New York, the claim at issue accrued under a stipulation entered into in New York, and the marital debt at issue accrued in New York), the court’s denial of that branch of the motion which was, in effect, to enforce the provisions of the judgment of divorce concerning certain marital debt, without prejudice to the former wife moving for that relief in the courts of the state of Indiana, was an improvide | 1 | 2006–2006 |
Anna Tappe, Inc. v. Battelle
green
1 sentence2005By contrast, the courts began to recognize that the creditor had available “some remedy against the alimony” when the claim arose after the award was made to the wife and where the claim was based upon the furnishing of necessaries to the wife (see 7th Ann Report of NY Jud Council, supra, citing Baskin & Co. v Howe, 225 App Div 553, 557 [1929]; Faversham v Faversham, 161 App Div 521, 523 [1914]; West v Washburn, 153 App Div 460, 462-463 [1912]; Matter of Bolles, 78 App Div 180, 181 [1903]; Matter of Tappe, Inc. v Battelle, 140 Misc 49 [1931]). | 1 | 2005–2005 |
Merola v. Merola
green
1 sentence1996While the wife did not claim that the appellant had engaged in physical violence, the record supports the court’s conclusion that the appellant willfully engaged in a course of conduct intended to harass both the wife and the parties’ daughter (see, Matter of Croce v Tsombanis, supra; Matter of Dutz v Colon, 183 AD2d 715 ; Matter of Rogers v Rogers, 161 AD2d 754 ; Merola v Merola, 146 AD2d 611 ). | 1 | 1996–1996 |
Rogers v. Rogers
neutral
1 sentence1996While the wife did not claim that the appellant had engaged in physical violence, the record supports the court’s conclusion that the appellant willfully engaged in a course of conduct intended to harass both the wife and the parties’ daughter (see, Matter of Croce v Tsombanis, supra; Matter of Dutz v Colon, 183 AD2d 715 ; Matter of Rogers v Rogers, 161 AD2d 754 ; Merola v Merola, 146 AD2d 611 ). | 1 | 1996–1996 |
Cuevas v. Perales
neutral
1 sentence1996While the wife did not claim that the appellant had engaged in physical violence, the record supports the court’s conclusion that the appellant willfully engaged in a course of conduct intended to harass both the wife and the parties’ daughter (see, Matter of Croce v Tsombanis, supra; Matter of Dutz v Colon, 183 AD2d 715 ; Matter of Rogers v Rogers, 161 AD2d 754 ; Merola v Merola, 146 AD2d 611 ). | 1 | 1996–1996 |
Croce v. Tsombanis
neutral
1 sentence1996While the wife did not claim that the appellant had engaged in physical violence, the record supports the court’s conclusion that the appellant willfully engaged in a course of conduct intended to harass both the wife and the parties’ daughter (see, Matter of Croce v Tsombanis, supra; Matter of Dutz v Colon, 183 AD2d 715 ; Matter of Rogers v Rogers, 161 AD2d 754 ; Merola v Merola, 146 AD2d 611 ). | 1 | 1996–1996 |
Choy v. Choy
green
1 sentence1991Therefore, the expense of the receiver was incurred as a result of an act or omission by the wife in violation of the stipulation and the cost of the receiver must be borne by the wife from her share of the proceeds of the sale (see, Choy v Choy, 137 AD2d 784 ; see also, Breed, Abbott & Morgan v Hulko, 139 AD2d 71 , affd 74 NY2d 686 ). | 1 | 1991–1991 |
Garrison v. Sun Printing & Publishing Ass'n
green
1 sentence1989Assn. ( 207 NY 1 [1912]), where the wife had a claim for mental distress caused by the publication of defendant’s libel, the court allowed her husband to maintain a claim for loss of consortium. | 1 | 1989–1989 |
Perez v. Perez
neutral
1 sentence1987Ordered that the appeal from the order dated February 25, 1986, is dismissed, without costs or disbursements, as an order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right (see, Palma v Palma, 101 AD2d 812 ; Perez v Perez, 100 AD2d 962 ); and it is further, Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appellant (see, Podolsky v Podolsky, 119 AD2d 740 ; Bohlman v Bohlman, 114 AD2d 832 , Iv dismissed 67 NY2d 606 , 904); and it is further, Ord | 1 | 1987–1987 |
Ortiz v. Bono
neutral
1 sentence1987Ordered that the appeal from the order dated February 25, 1986, is dismissed, without costs or disbursements, as an order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right (see, Palma v Palma, 101 AD2d 812 ; Perez v Perez, 100 AD2d 962 ); and it is further, Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appellant (see, Podolsky v Podolsky, 119 AD2d 740 ; Bohlman v Bohlman, 114 AD2d 832 , Iv dismissed 67 NY2d 606 , 904); and it is further, Ord | 1 | 1987–1987 |
| Bohlman v. Bohlman green | 1 | 1987–1987 |
| Propoco, Inc. v. Ostreicher green | 1 | 1987–1987 |
| People v. Alton O neutral | 1 | 1985–1985 |
| Waddey v. Waddey green | 1 | 1985–1985 |
| Hall v. Hall green | 1 | 1985–1985 |
| Wood v. Wood neutral | 1 | 1985–1985 |
| In re the Estate of Sunshine green | 1 | 1982–1982 |
| Fabrikant v. Fabrikant green | 1 | 1980–1980 |
| Orenstein v. Orenstein neutral | 1 | 1977–1977 |
| De Brauwere v. . De Brauwere green | 1 | 1977–1977 |
| Orenstein v. Orenstein neutral | 1 | 1977–1977 |
| In re Pritchard neutral | 1 | 1972–1972 |
| Winbush v. City of Mount Vernon green | 1 | 1972–1972 |
| Fluhr v. Fluhr neutral | 1 | 1966–1966 |
| Zimtbaum v. Zimtbaum neutral | 1 | 1965–1965 |
| Peer v. Peer neutral | 1 | 1965–1965 |
| Warsen v. Granger neutral | 1 | 1965–1965 |
| Dubin v. Dubin yellow | 1 | 1965–1965 |
| Blumenthal v. Blumenthal neutral | 1 | 1965–1965 |
| Ainsworth v. Ainsworth neutral | 1 | 1939–1939 |
| Schmalholz v. Schmalholz neutral | 1 | 1938–1938 |
| Bodenstein v. Leverich neutral | 1 | 1938–1938 |
| In re the Estate of Goldberg green | 1 | 1936–1936 |
| In Re the Estate of Burridge green | 1 | 1933–1933 |
| Mirizio v. Mirizio green | 1 | 1933–1933 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.