Samuelson v. Samuelson

Appellate Division of the Supreme Court of New York

Samuelson v. Samuelson

228 A.D.2d 322, 644 N.Y.2d 232

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

DecidedJune 20, 1996

StatusPublished

This text of 228 A.D.2d 322 (Samuelson v. Samuelson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Samuelson v. Samuelson, 228 A.D.2d 322, 644 N.Y.2d 232 (N.Y. Ct. App. 1996).

Pincite

Opinion

[323]*323Where a child receives adequate support, even though such support may not have come from the party charged with the obligation, there can be no legal claim against the obligor unless it can be demonstrated that the volunteering party expected reimbursement and made a demand for reimbursement in a timely manner (Levine v Ceppos, 215 AD2d 731). Here, petitioners failed to demonstrate that either the natural grandparents, with whom the child resided during the relevant six year period, 1985-1991, or the mother expected reimbursement from respondent father for their voluntary payments nor was any demand for reimbursement made during the lengthy period in question. There also is no evidence that the child was not adequately supported during that time. We have considered petitioners’ other arguments and find them to be without merit. Concur—Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

[323]*323Where a child receives adequate support, even though such support may not have come from the party charged with the obligation, there can be no legal claim against the obligor unless it can be demonstrated that the volunteering party expected reimbursement and made a demand for reimbursement in a timely manner (Levine v Ceppos, 215 AD2d 731). Here, petitioners failed to demonstrate that either the natural grandparents, with whom the child resided during the relevant six year period, 1985-1991, or the mother expected reimbursement from respondent father for their voluntary payments nor was any demand for reimbursement made during the lengthy period in question. There also is no evidence that the child was not adequately supported during that time. We have considered petitioners’ other arguments and find them to be without merit. Concur—Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

228 A.D.2d 322, 644 N.Y.2d 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samuelson-v-samuelson-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack