Legal Question in Family Law in New York

suing the wife while she was drunk & hit husbands eye by accident

Been married going on 3 years.. I'm his 4th wife.. Came back from Christmas Party .. kids in car.. 1 hour ride from home.. my husband yelling in my face in front of children, because had too much to drink..pushed husbands face away from me while he was driving. accidently my ring hit his eye..he went to doctor. Dr. gave him ointment and patches for his eye. he didn't use it as directed. 2 years later he's complaining about his eye noe that he we want to get a divorce(my kids aren't his) He said his lawyer said he can sue me..he said he was going to go after my life insurance for my kids if I die. Can he do that? Is it possible? Help! I can't afford an attorney. Been a widow at 24. married for 3 years now. my husband lived with his mother for a 1 1/2 years before he moved into my house. Is this a marriage(only on paper) what rights do I have for my husband trying to sue me after accidently pushing his face away and my ring catches him in the eye? He says his Dr. says he needs surgery.. why didn't he need surgery before? Been 2 years now plz respond!


Asked on 12/17/03, 11:34 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: suing the wife while she was drunk & hit husbands eye by accident

My take on this matter is that your biggest problem is that you married this Jerk! He now wants a divorce and I recommend giving it to him!

The stuff about lawsuits about the eye is foolishness. Ignore it. He will not be able to get an honest lawyer to take his case.

There is nothing to this threat and do not let him push you around on the property settlement (from the divorce) with this threat.

Your life is about to get better: this guy will be leaving it! Good luck.

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Answered on 12/19/03, 6:19 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: suing the wife while she was drunk & hit husbands eye by accident

It sounds like your husband is trying to premise his threats of divorcing you on domestic violence or physical abuse grounds. However, it appears obvious that at that time, you were acting in self-defense while he was verbally berating and screaming at you when you were only inches from his face. Your act of putting up your hands was most probably an involuntary one, and the fact that your ring scratched his face was an ancillary component of that act, and in my opinion, totally justified.

Please contact our office at (212) 618-1830 and ask to speak with an attorney.

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Answered on 12/17/03, 12:19 pm


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