Legal Opinion

Lohmiller v. Lohmiller

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1988PublishedCited by 17 opinions

1Opinion of the Court

The parties were married in 1973 and have one child, born in December 1981. The judgment granted the parties a mutual divorce on the ground of the cruel and inhuman treatment of *498each by the other. The two-week trial of this action centered almost exclusively on the issue of custody of their daughter.

The court’s decision to award custody of the child to the plaintiff is supported by the evidence in the record and should not be disturbed (see, Eschbach v Eschbach, 56 NY2d 167; Bonheur v Bonheur, 138 AD2d 441). The intense acrimony between the parties, who continued to reside in the same house…

2Cases cited5 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Kapchan v. KapchanAppellate Division of the Supreme Court of the State of New York · 1984
  3. Creem v. CreemAppellate Division of the Supreme Court of the State of New York · 1986
  4. Bonheur v. BonheurAppellate Division of the Supreme Court of the State of New York · 1988
  5. Batchie v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by17 opinions

  1. Young v. YoungAppellate Division of the Supreme Court of the State of New York · 1995
  2. Krebsbach v. GallagherAppellate Division of the Supreme Court of the State of New York · 1992
  3. James Joseph M. v. Rosana R.Appellate Division of the Supreme Court of the State of New York · 2006
  4. De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
  5. Plaza v. PlazaAppellate Division of the Supreme Court of the State of New York · 2003

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