Elliott Scheinberg

March 30, 2022 | New York Law Journal

The Fourth Department continues to stand alone, albeit this time on unstable and contradictory reasoning, in correctly restricting enforcement to six years where enforcement has been sought by motion.

By Elliott Scheinberg

13 minute read

February 17, 2022 | New York Law Journal

'Citibank, N.A. v. Kerszko' is a discerning and masterful dissection of the junction where "a variety of" "unusual" legal issues, some of first impression, have converged.

By Elliott Scheinberg

16 minute read

February 16, 2022 | New York Law Journal

The majority opinion, in 'Citibank, N.A. v. Kerszko' is a discerning and masterful dissection of the junction where "a variety of" "unusual" legal issues, some of first impression, have converged.

By Elliott Scheinberg

15 minute read

January 06, 2022 | New York Law Journal

This second part of a two-part article addresses 'Koegel' throughout all judicial levels; unacknowledged agreements remain enforceable in nonmatrimonial actions; methodology of acknowledgment vs. evidence of proper acknowledgment; and evidence of acknowledgment by a subscribing witness.

By Elliott Scheinberg

16 minute read

January 05, 2022 | New York Law Journal

On Dec. 16, 2021, the Court of Appeals, in 'Anderson v. Anderson' intelligently settled burning questions, which, for nearly 25 years, confounded bench and bar regarding acknowledgments in marital agreements.

By Elliott Scheinberg

16 minute read

December 01, 2021 | New York Law Journal

This is the second part of a two-part article that reviews the tight rules governing the appealability of general and specific objections, sustained and overruled, which are anchored in the foundational principle of preservation.

By Elliott Scheinberg

14 minute read

November 30, 2021 | New York Law Journal

This article reviews the tight rules that govern the appealability of general and specific objections, sustained and overruled, which are anchored in the foundational principle of preservation.

By Elliott Scheinberg

15 minute read

October 14, 2021 | New York Law Journal

This two-part article provides a deep analysis of cases that ran afoul of legislative intent and held there is no statutory tolling of the limitations period when enforcement of a spousal agreement, which has been incorporated into and survived a judgment of divorce, is initiated by motion rather than by plenary action; effectively, thereby indefinitely extending the time to enforce.

By Elliott Scheinberg

14 minute read

October 13, 2021 | New York Law Journal

This two-part article provides a deep analysis of cases that ran afoul of legislative intent and held there is no statutory tolling of the limitations period when enforcement of a spousal agreement, which has been incorporated into and survived a judgment of divorce, is initiated by motion rather than by plenary action; effectively, thereby indefinitely extending the time to enforce.

By Elliott Scheinberg

15 minute read

September 09, 2021 | New York Law Journal

Part I and II of this three-part column explored a departmental rift and a recent decision as to whether the method for settling cases by way of on-the-record-open-court agreements supersedes the three procedural requirements in Domestic Relations Law §236B(3) to create enforceable marital agreements. This final part addresses: unacknowledged agreements; the lack of the nonapplicability of DRL §236B(3) to post judgment agreements; and agreements between married parties and fertility clinics.

By Elliott Scheinberg

8 minute read