Legal Opinion

Meyers v. Halladay

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

Decided September 30, 1997PublishedCited by 3 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs, petition granted and cross petition denied. Memorandum: Family Court erred in awarding custody of the parties’ child to respondent mother. While the custody determination of the trial court is afforded great deference because it is “in the best position to evaluate the character and credibility of the witnesses” (Matter of Paul C. v Tracy C., 209 AD2d 955, 956; see, Eschbach v Eschbach, 56 NY2d 167, 173), this Court need not defer to that determination where it “lacks a sound and substantial basis in the record and * * * is contrary to the…

2Cases cited7 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1992
  3. Gloria S. v. Richard B.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Paul C. v. Tracy C.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by3 opinions

  1. Starkey v. StarkeyAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re Daniel C.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Kerner v. KernerAppellate Division of the Supreme Court of the State of New York · 1999

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