Legal Opinion

Gaines v. Gaines

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

Decided March 25, 1985PublishedCited by 4 opinions

1Opinion of the Court

— In an action to recover damages for falsely, maliciously and improperly issuing a restraining notice and executions, plaintiff appeals from an order of the Supreme Court, Westchester County (Isseks, J.), dated February 25,1983, which granted defendant Hersh’s motion to dismiss the complaint for failure to state a cause of action.

Order affirmed, with costs.

Among the provisions of the underlying judgment of divorce, dated April 2, 1982 (Marbach, J.), was an award of counsel fees to defendant wife Leola Gaines against plaintiff husband in the sum of $2,500. A copy of that judgment was served…

2Cases cited16 opinions

  1. Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
  2. Williams v. WilliamsNew York Court of Appeals · 1969
  3. May Metropolitan Corp. v. May Oil Burner Corp.New York Court of Appeals · 1943
  4. St. Germain v. St. GermainAppellate Division of the Supreme Court of the State of New York · 1966
  5. Miller v. BeckAppellate Division of the Supreme Court of the State of New York · 1981

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3Cited by4 opinions

  1. Felton v. FeltonAppellate Division of the Supreme Court of the State of New York · 1991
  2. West v. WestAppellate Division of the Supreme Court of the State of New York · 1989
  3. Lieberman v. PobinerAppellate Division of the Supreme Court of the State of New York · 1993
  4. Cardo-Racolin v. RacolinNew York Supreme Court · 1994

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