Bunim v. Bunim
New York Court of Appeals
I. The trial court found as a fact that ‘ ‘ the plaintiff is a fit and proper person to have custody of the issue of the marriage.” There was no finding that defendant was a fit and proper person to have custody of these children, and it is significant that defendant submitted no request for the court to find that she was. II. Defendant’s conduct and code prove that she is an unworthy and unfit guardian of her daughters. (People ex rel. Wright v. Gerow, 136 App.
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I. The trial court found as a fact that ‘ ‘ the plaintiff is a fit and proper person to have custody of the issue of the marriage.” There was no finding that defendant was a fit and proper person to have custody of these children, and it is significant that defendant submitted no request for the court to find that she was. II. Defendant’s conduct and code prove that she is an unworthy and unfit guardian of her daughters. (People ex rel. Wright v. Gerow, 136 App. Div. 824; Lester v. Lester, 178 App. Div. 205, 222 N. T. 546; Van Kleef v. Van Kleef, 183 Mise. 513, 269 App. Div. 728; People ex…
1Opinion of the Court
On the trial of this divorce suit the wife admitted numerous deliberate adulteries (with a man who was married and had children), attempted to rationalize and justify those adulteries, denied any repentance therefor, committed perjury in swearing to denials in her answer (see Civ. Prac. Act, § 1148), and, as found by both courts below, testified to a deliberately false story as to consent by plaintiff (a reputable and successful physician) to the adulteries. With all that in the record, custody of the two children of the marriage (eleven and thirteen years old at the time of the trial) has…
2Cases cited7 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Matter of WelchNew York Court of Appeals · 1878
- Harrington v. HarringtonNew York Court of Appeals · 1943
- People ex rel. Glendening v. GlendeningAppellate Division of the Supreme Court of the State of New York · 1940
- People Ex Rel. Glendening v. GlendeningNew York Court of Appeals · 1940
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3Cited by56 opinions
- People ex rel. Kropp v. ShepskyNew York Court of Appeals · 1953
- Gloria S. v. Richard B.Appellate Division of the Supreme Court of the State of New York · 1981
- People ex rel. Portnoy v. StrasserNew York Court of Appeals · 1952
- Granger v. MisercolaNew York Court of Appeals · 2013
- In re Darlene T.New York Court of Appeals · 1971
51 more not listed; retrieve them via the Exa API.