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Jacob v. Jacob

Court, not arbitrator, must decide on set-aside of agreement allegedly obtained by coercion.

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SCHWARTZ IACOB v. IACOB — In this post-judgment proceeding, plaintiff seeks an order: (1) directing defendant to pay past due child support for the parties’ child; tuition for the child; and mortgage payments on certain real property located in Belgium; and ordering him to pay all future amounts as they become due; (2) directing defendant to purchase a $2,000 “wedding policy”, which policy should be put in her name; (3) restraining defendant from having unsupervised visitation with the child without plaintiff’s written consent; (4) granting sole custody of the child to plaintiff; (5) restraining defendant from making any negative comments about the plaintiff to the child; and (6) vacating and voiding the parties’ Stipulation Agreement dated March 6, 2002 (the stipulation) and scheduling a hearing for the determination of all issues of maintenance, child support, medical insurance, and equitable distribution. Defendant cross moves for an order: (1) directing plaintiff to appear before a specified Beth Din for arbitration of the issues raised in her motion; (2) transferring custody of the child to him; (3) imposing sanctions upon plaintiff for making this frivolous motion; and (4) pursuant to CPLR 602, consolidating this matter with the proceeding that plaintiff commenced in Rockland County Family Court (Docket No. 0- 01675-03) (the Family Court proceeding).

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