Legal Opinion

Roofeh v. Roofeh

New York Supreme Court

Decided February 22, 1988PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Ralph Diamond, J.

This appears to be a case of first impression, where a party in a matrimonial action seeks an order of protection against his spouse, based upon the sole ground that she smokes cigarettes in the presence of himself and the children, causing harm to them.

*890THE FACTS

The plaintiff wife on or about May 22, 1987, commenced an action for divorce on the grounds of cruel and inhuman treatment. An order to show cause for pendente lite relief was served by the plaintiff upon defendant’s attorneys on December 10, 1987. The plaintiff’s pendente lite motion requested…

2Cases cited4 opinions

  1. Baker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
  2. Peters v. PetersAppellate Division of the Supreme Court of the State of New York · 1984
  3. Di Donna v. Di DonnaNew York City Family Court · 1972
  4. Hayes v. HayesNew York City Family Court · 1986

3Cited by5 opinions

  1. Eileen W. v. Mario A.New York City Family Court · 1996
  2. Johnita M.D. v. David D.D.New York Supreme Court · 2002
  3. Ross v. RossAppellate Division of the Supreme Court of the State of New York · 1989
  4. Ahmed v. AhmedNew York Supreme Court · 1999
  5. Weiner v. WeinerNew York Supreme Court · 2010

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