moderncourts

Summary:

A mother is the custodial parent of two teenagers.

She seeks to modify  a custody and visitation order from Family Court because the father is in prison for severe domestic violence against another partner and the children no longer wish to visit their father in prison every month.Continue Reading

Summary:

A woman and her wife had entered into a valid separation agreement awarding the client maintenance in excess of the statutory amount. When deciding on spousal support, the Family Court refused to honor the valid agreement of the parties because it was drafted in contemplation of divorce, and divorces are not decided in Family Court.Continue Reading

Summary:

The inefficiency of our court system directly impacts the businesses in New York.

• The time required to litigate a business dispute, particularly for small businesses, may vary greatly depending on the court where the case is heard.
• Tens of thousands of New Yorkers are forced to miss work annually by spending unnecessary days in court, impacting both litigants and their employers.
• Businesses involved in a claim against the state may be compelled to engage in two identical sets of proceedings in different courts, consuming extra time, money, and resources.

The Stories, and Why They Matter

Litigating a business dispute in New York State is a complicated affair because a myriad of courts have jurisdiction over civil matters. The speed with which a case is adjudicated and the business expertise of the judge varies significantly depending on the court in which the case is heard.

Except for cases in the Commercial Division of the Supreme Court, businesses – and particularly small businesses, for which the Commercial Division is often not available – cannot be assured that their cases will be heard in a timely or reliable manner.

Each year, tens of thousands of New Yorkers are forced to miss work by spending unnecessary days in court. This is not only a problem for individual litigants, but also for their employers. When a large cross-section of our state’s population is subject to such routine absences, the consequences are directly felt by our state’s employers. This factor makes our state less appealing for businesses.

In any case involving a claim against the state, a business that is a party to the case may be compelled to engage in two sets of proceedings, one in a civil court and an identical one in the Court of Claims. With businesses around the country increasingly concerned about litigation costs and the commitment of management resources to litigation, this presents another reason for a business to steer clear of New York when deciding where to locate its operations.

Summary:

A woman, 7 months pregnant, and with 2 young children, 1 of whom is disabled, went to Civil Court to file a petition for being illegally locked out of her apartment. At Civil Court she was told she had to go to Housing Court to file. After laboriously walking to Housing Court, she was told that she had to file her petition back at the Civil Court. Ultimately, the Housing Court clerk did locate the correct form and allowed the tenant to file it there.Continue Reading

Summary:

It took nearly 2 years and 3 separate courts and judges to get a Child Support agreement, a visitation schedule, an Order of Protection, and a final Divorce Judgment. Even though the husband and wife agreed to consolidate the Family Court matters with the divorce so everything could be heard before one judge in one court, the “system” did not allow it.Continue Reading