Legal Question in Family Law in New York

I filed a motion for partial summary judgment in my divorce several months ago including numerous exhibits. My spouse filed opposition papers late and the judge denied his papers because of this.

Unfortunately, my motion was denied and now we are going to trial and I wish to re-introduce some of the exhibits I used in my motion at trial, and my spouse's attorney tells me he intends to object to their introduction as inadmissible.

My question is: weren't these documents admitted into evidence, into the record, when they were offered as exhibits to my motion? Didn't my spouse forfeit his ability to object to their introduction into evidence by failing to oppose my motion?


Asked on 2/26/12, 8:59 am

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

I am sorry for what you are going through. Did you have an attorney help with your partial summary judgment motion? You really s/h legal help here and at the very least, you might want to speak with whoever helped with the PSJM. Also realize a SJM states, in very boiled down, broad terms here, that assuming everything the OPPOSING party says is true, that the movant (here this is you) should receive the following relief: house, mortgage and other house expenses paid, residential custody, all retirement accounts, stocks, free health care for life for all, maintenance of $X, child support of $X, both vehicles... Also remember that the other side can state whatever he/she wants but it does not mean it will happen. It is just part of the attorney doing his job and usually used as a negotiating tactic. Many parties ask for the sun, moon and the stars (such as in my example) despite knowing full well in an equitable distribution state in their cases they will not get all that and perhaps anger the judge, that maybe one gets the moon and a piece of the sun and you split the stars.

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Answered on 2/27/12, 11:51 am


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