Elliott Scheinberg

January 11, 2007 | New York Law Journal

Elliott Scheinberg, a consultant to the bar in matrimonial matters, writes: I admit that when first reading Kojovic, I joined the chorus of frustration at another challenge to a settlement agreement. After reading the record on appeal through an unpredisposed lens, I recognized the established principles of contract doctrine that were implicated but nevertheless glossed over in the decision as well as Kojovic's potential resculpting of the settlement landscape.

By Elliott Scheinberg

12 minute read

May 24, 2007 | New York Law Journal

Attorney Elliott Scheinberg and Ronald J. Klein, managing partner at Klein Liebman & Gresen, ask: Has the Court of Appeals created a new category of asset where the income is available for maintenance as it once created a new breed of asset when it created enhanced earning capacity?

By Elliott Scheinberg and Ronald J. Klein

13 minute read

November 04, 2008 | New York Law Journal

Elliott Scheinberg, a solo practitioner in New York City, writes: An extremely rare question of law has appeared twice on the radar screen within the last nine months, both times striking contractual forbearance from commencing a divorce action beyond the minimum statutory period as unconscionable. I have not found any direct precedent authority in support of this proposition nor does either decision cite any. In fact, the contrary is supported by no less authority than the U.S. Supreme Court and New York's Court of Appeals. Does this unlikely coincidental collision of cases augur an incipient epidemic?

By Elliott Scheinberg

15 minute read