Legal Opinion
McCann v. McCann
New York Supreme Court
Decided January 6, 1993PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
The issue that I am asked to decide here is whether a man *541who marries with the express understanding that he will do all in his power to sire children with his wife, and then refuses to fulfill that promise, has acted so egregiously as to affect the manner in which the couple’s assets are distributed upon their divorce.
At the outset of the trial of this matrimonial action, the defendant wife took the position that the conduct of the plaintiff husband during the marriage constituted egregious marital fault, which should be reflected in the distribution of…
2Cases cited14 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Blickstein v. BlicksteinAppellate Division of the Supreme Court of the State of New York · 1984
- Diemer v. DiemerNew York Court of Appeals · 1960
- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 1984
- Wilbur v. WilburAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Havell v. IslamAppellate Division of the Supreme Court of the State of New York · 2002
- Howard S. v. Lillian S.Appellate Division of the Supreme Court of the State of New York · 2009
- Howard S. v. Lillian S.Appellate Division of the Supreme Court of the State of New York · 2009
- K. v. B.Appellate Division of the Supreme Court of the State of New York · 2004