Legal Opinion
Schwartz v. Aberbach
Civil Court of the City of New York
Decided March 16, 1971PublishedCited by 5 opinions
1Opinion of the CourtJoseph P. Sullivan, J.
The sole question presented by this motion to dismiss the complaint is whether a former wife’s common-law action for the recovery of necessities, i.e., legal fees for services rendered in her behalf, survives a final disposition of the proceeding in which the services were rendered.
The plaintiff in this action is the attorney who represented the wife in the defense of a proceeding brought by her former husband in the Supreme Court, New York County, pursuant to section 240 of the Domestic Relations Law, seeking custody of the children of the marriage. Under a separation agreement between the…
2Cases cited7 opinions
- Fox v. FoxNew York Court of Appeals · 1933
- Elder v. . RosenwasserNew York Court of Appeals · 1924
- Goldberg v. KellerAppellate Division of the Supreme Court of the State of New York · 1932
- Levine v. LevineCivil Court of the City of New York · 1965
- Levine v. LevineAppellate Terms of the Supreme Court of New York · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
- Sassower v. BaroneAppellate Division of the Supreme Court of the State of New York · 1982
- In the Matter of Martin Steingesser, Bankrupt. Diana D. Dubroff v. Martin SteingesserCourt of Appeals for the Second Circuit · 1979
- Bierman v. MelandroNassau County District Court · 2017
- D'Agostino v. GenoveseAppellate Division of the Supreme Court of the State of New York · 1993