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PUBLISHED CASE RESULTS

Garden City Family Law & Divorce Attorney

In the Matter of Dorf v. Alvalle, 76 A.D.3d 629, 905 N.Y.S.2d 911 (2010).

Result: Family Court order of contempt which directed that mother of child be incarcerated for her alleged failure to provide visitation to father was reversed on appeal. No change in the parties' existing custodial arrangement; mother continued to have sole residential custody of subject child.

Summary: Prior to being retained on behalf of client (mother of subject child), attorney for father of child and law guardian both filed petitions seeking contempt of prior Family Court Order against child's mother.

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Fredericks v. Fredericks, 85 A.D.3d 1107, 927 N.Y.S.2d 109 (2011)

Result: Trial Court's award of retroactive child support to opponent was significantly reduced (approximately 50%) by the Appellate Division.

Summary: The parties in a matrimonial action resolved their matter by a stipulation of settlement which was placed on the record in open court. Certain issues, including attorney fees and retroactive child support, were reserved for post-judgment submission.

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Ins. Co. Of the State of Penn. v. Lubo, 188 Misc.2d 849, 729 N.Y.S.2d 829 (2001).

Result: Insurer not permitted to exclude either claimant from examination room during the other's examination or testimony.

Summary: Mother and son were involved in an automobile accident and sustained serious and permanent injuries. Both applied for no-fault insurance benefits. Their insurance carrier requested examinations under oath before a court reporter to investigate the facts and circumstances of the subject occurrence.

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The Law Office of Philip A. Kusnetz, P.C.