Shopsin v. Siben

Appellate Division of the Supreme Court of New York

Shopsin v. Siben

213 A.D.2d 394, 624 N.Y.S.2d 870, 1995 N.Y. App. Div. LEXIS 2487

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

DecidedMarch 6, 1995

StatusPublished

This text of 213 A.D.2d 394 (Shopsin v. Siben) 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

Shopsin v. Siben, 213 A.D.2d 394, 624 N.Y.S.2d 870, 1995 N.Y. App. Div. LEXIS 2487 (N.Y. Ct. App. 1995).

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Opinion

—In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Werner, J.), entered October 18, 1993, which denied their motion for an order directing the plaintiff to furnish them with a duly executed authorization to review the Nassau County clerk’s file of the matrimonial action entitled Shopsin v Shopsin.

Ordered that the order is affirmed, with costs.

The speculative assertions made by the defendants in support of their motion failed to establish a sufficient nexus between their claimed defenses and the marital proceedings to overcome the statutory protection accorded to testimony and pleadings in a matrimonial action (see, Domestic Relations Law § 235; Harvey v Mazal Am. Partners, 179 AD2d 1, 9). Balletta, J. P., Santucci, Altman and Hart, JJ., concur.

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—In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Suffolk County (Werner, J.), entered October 18, 1993, which denied their motion for an order directing the plaintiff to furnish them with a duly executed authorization to review the Nassau County clerk’s file of the matrimonial action entitled Shopsin v Shopsin.

Ordered that the order is affirmed, with costs.

The speculative assertions made by the defendants in support of their motion failed to establish a sufficient nexus between their claimed defenses and the marital proceedings to overcome the statutory protection accorded to testimony and pleadings in a matrimonial action (see, Domestic Relations Law § 235; Harvey v Mazal Am. Partners, 179 AD2d 1, 9). Balletta, J. P., Santucci, Altman and Hart, JJ., concur.

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Bluebook (online)

213 A.D.2d 394, 624 N.Y.S.2d 870, 1995 N.Y. App. Div. LEXIS 2487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shopsin-v-siben-nyappdiv-1995.

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