Balanoff v. Niosi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Crane, J.
Introduction
This appeal presents an opportunity for this Court to clarify the procedure for enforcing a judgment against an award of maintenance. This procedure differs from those applicable to other types of collection efforts because it harmonizes the judgment creditor’s right to reach these funds with the public policy of protecting the recipients of such funds, though they be judgment debtors.
Factual and Procedural Background
The respondent Philip Niosi and his former wife, Danise Ditroia, were divorced pursuant to a judgment entered in the Supreme Court,…
2Cases cited30 opinions
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Turner v. . WoolworthNew York Court of Appeals · 1917
- Theroux v. TherouxAppellate Division of the Supreme Court of the State of New York · 1988
- Cole v. Goldberger, Pedersen & HochronNew York Supreme Court · 1978
- West v. WashburnAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by8 opinions
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- Swig v. Properties Asset Management Services, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Hamway v. SuttonAppellate Division of the Supreme Court of the State of New York · 2025
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