Elliott Scheinberg

March 07, 2014 | New York Law Journal

Appellate attorney Elliott Scheinberg writes: It is wise, in light of the Court of Appeals' 2012 decision in 'Grucci v. Grucci,' to err on the side of caution and include a chain of custody when authenticating tape recordings irrespective of the availability of a participant to the conversation prepared to identify and attest to its fair and accurate representation.

By Elliott Scheinberg

15 minute read

August 15, 2012 | New York Law Journal

Elliott Scheinberg, an appellate attorney whose practice is limited to matrimonial law, writes that although the Court of Appeals in 1976 held that the fresh 30-day period begins to run from the date of the service of the order of either the dismissal or denial, the First Department, and recently, the Fourth Department have been inconsistent in applying that rule.

By Elliott Scheinberg

10 minute read

January 26, 2012 | New York Law Journal

Elliott Scheinberg, appellate counsel specializing in matrimonial law, writes: Fragin v. Fragin, Bayen v. Bayen, and Denaro v. Denaro represent a troika of uber hyperbolic statutory construction as the epicenter of a solution in search of a problem where none existed before in the Land of Limitations: that the procedural device by which a party chooses to enforce an agreement governs the applicability of the statute of limitations.

By Elliott Scheinberg

12 minute read

January 15, 2013 | New York Law Journal

Appellate attorney Elliott Scheinberg writes: CPLR 5501(a)(1) states that an appeal from a final judgment also brings up for appellate review any disposition made during the course of the litigation provided that it "necessarily affects the final judgment." The term "necessarily affects" recently withstood withering litigation and could have been resolved with greater ease.

By Elliott Scheinberg

16 minute read

September 18, 2006 | Law.com

Elliott Scheinberg, a solo practitioner in matrimonial law, writes that prenuptial agreements are governed by the ordinary tenets of contract law and, in typical fashion, seek to sweepingly insulate assets from the reach of nonpropertied parties in the event of marital dissolution.

By Elliott Scheinberg

11 minute read

October 25, 2011 | New York Law Journal

Elliott Scheinberg, who limits his practice to matrimonial appeals, and Allan Mayefsky, managing partner of Aronson, Mayefsky & Sloan, write that while a recent decision presumably protects innocent ex-spouses of Madoff investors in state court, its application remains unclear in the federal system.

By Elliott Scheinberg and Allan E. Mayefsky

16 minute read

March 29, 2011 | New York Law Journal

Matrimonial appellate attorney Elliott Scheinberg discusses two issues which have received short shrift in family law: attorney-client privilege, which is often erroneously assumed to shield communications from adversarial eyes, and the rule unique to the First and Second departments that a notice of pendency is unavailable in matrimonial litigation notwithstanding that the statute imposes no such restriction.

By Elliott Scheinberg

14 minute read

April 28, 2008 | New York Law Journal

Elliott Scheinberg, a consultant to the matrimonial bar, writes that while many marital agreements include a clause providing for spousal maintenance until (typically) the wife "cohabits" with a male for an identified period of time, few agreements define the triggering mechanisms of the clause. The First Department, normally known for its brevity, addressed this question in uncustomary length recently in Graev v. Graev, a case that raises hard questions and offers no easy solutions.

By Elliott Scheinberg

14 minute read

August 01, 2011 | New York Law Journal

Elliott Scheinberg, appellate counsel specializing in matrimonial law in New York, discusses some of the issues that can become unanticipated challenges in a protracted matrimonial dispute, including a custodial parent's malevolent denial of access to the children's academic and/or medical records, valuation of assets without expert testimony, counsel fees for a financially dependent spouse, and more.

By Elliott Scheinberg

14 minute read

June 30, 2005 | New York Law Journal

Elliott Scheinberg, a solo practitioner in New York City, writes that the adage "bad facts make bad law" is anchored in legal lore. No louder does this ring true than in John A. v. Bridget M., the much-celebrated case that also fueled sensationalist journalism.

By Elliott Scheinberg

15 minute read