Legal Opinion

Davey v. Kelly

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

Decided December 2, 2008PublishedCited by 5 opinions

1Opinion of the Court

The record establishes that plaintiff was expressly prohibited by two prior court orders from filing any litigation relating to his divorce action without first obtaining permission from the court, and that plaintiff, without obtaining said permission, filed actions asserting collateral attacks on the divorce proceedings to the detriment of the remedies accorded defendants by the court’s prohibitory orders (see Richards v Estate of Kaskel, 169 AD2d 111, 121 [1991], lv dismissed in part and denied in part 78 NY2d 1042 [1991]; Judiciary Law § 753 [A] [1]).

The court properly declined to assign…

2Cases cited3 opinions

  1. Richards v. Estate of KaskelAppellate Division of the Supreme Court of the State of New York · 1991
  2. People ex rel. Lobenthal v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1987
  3. In re MirmanNew York Court of Appeals · 1991

3Cited by5 opinions

  1. Davey v. Goodrich & BendishAppellate Division of the Supreme Court of the State of New York · 2014
  2. Genger v. GengerAppellate Division of the Supreme Court of the State of New York · 2014
  3. In re DaveyAppellate Division of the Supreme Court of the State of New York · 2013
  4. Davey v. Goodrich & BendishAppellate Division of the Supreme Court of the State of New York · 2014
  5. In re DaveyAppellate Division of the Supreme Court of the State of New York · 2013

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