Legal Opinion

Lomaglio v. Lomaglio

New York Supreme Court

Decided December 20, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Richard A. Dollinger, J.

More than a year ago, this court, citing an old refrain from a Gilbert and Sullivan operetta, asked whether a trial court could “ever” reinterpret what the court considered to be an ambiguous 2000 Appellate Division decision involving this couple. (Lo Maglio v Lo Maglio, 273 AD2d 823 [4th Dept 2000].) Quoting Captain Corcoran in H.M.S. Pinafore, this court concluded that such a reinterpretation of an appellate decision by a trial court “hardly ever” happened and then this court, relying on an unequivocal legislative command, did just that, modifying…

2Cases cited20 opinions

  1. DeCabrera v. Cabrera-RoseteNew York Court of Appeals · 1987
  2. MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
  3. In re Leon RRNew York Court of Appeals · 1979
  4. McCain v. DinkinsNew York Court of Appeals · 1994
  5. People v. KennedyNew York Court of Appeals · 1986

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