Divorce: New York

Divorce: New York

Category Archives: Miscellaneous Actions and Proceedings

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Oral Cohabitation Contract Claim Withstands Motion To Dismiss

Posted in Agreements and Stipulations, Miscellaneous Actions and Proceedings, Pensions
A non-written agreement for cohabitants to share retirement benefits can be enforceable under a breach of contract claim, but will not support claims to impose a constructive trust, or for unjust enrichment or an accounting. Such was the holding of the Appellate Division, Second Department, in its November 13, 2013 decision in Dee v. Rakower. … Continue Reading

State Court Rejects Action to Declare for Immigration Purposes the Bona Fides of Former Marriage

Posted in Miscellaneous Actions and Proceedings
The plaintiff former husband brought this state-court action action against his first wife seeking damages for her alleged false statements to the Citizenship and Immigration Service. The former husband blamed those statements for the Service’s conclusion that the the couple had not established a life together as husband and wife. The plaintiff also sought a … Continue Reading

Summary Proceedings Are Not Available to Evict Wife (Sister-in-Law of Owner)

Posted in Miscellaneous Actions and Proceedings
A wife’s right to reside in what has been her marital residence for four years, and whose right to do so stemmed not merely from the home-owner’s  permission, but from a true family relationship, cannot be summarily evicted as a mere licensee.  Such was the holding of Nassau County District Court Judge Eric Bjorneby in … Continue Reading