Legal Opinion
Evans v. Evans
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 1987PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs, in accordance with the following memorandum: Family Court erred in granting respondent father’s CPLR 4401 motion to dismiss the mother’s petition at the close of her evidence in a trial in which she sought an initial determination of custody of her three children. A full and complete hearing is required to determine, in the best interests of the children, which parent should have custody (Obey v Degling, 37 NY2d 768, 769-770; Matter of Blake v Blake, 106 AD2d 916; Allen v Kriesel, 87 AD2d 992). In addition, although the appointment of a Law…
2Cases cited3 opinions
- Obey v. DeglingNew York Court of Appeals · 1975
- Blake v. BlakeAppellate Division of the Supreme Court of the State of New York · 1984
- Allen v. KrieselAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- Frizzell v. FrizzellAppellate Division of the Supreme Court of the State of New York · 1991
- Pascarelli v. PascarelliAppellate Division of the Supreme Court of the State of New York · 2001
- Blauvelt v. BlauveltAppellate Division of the Supreme Court of the State of New York · 1995
- Del Sordo v. MaholsicAppellate Division of the Supreme Court of the State of New York · 1993
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
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