Monesi v. Monesi
Cases that cite this one
9 later published cases cite this decision.
- People v. Clemson (Newark Justice Court 1991)
- Jonasse v. Jonasse (Appellate Division of the Supreme Court of New York 1986)
- Verrone v. Voegtle (Appellate Division of the Supreme Court of New York 1984)
- Lewis v. Gellman (Appellate Division of the Supreme Court of New York 1984)
- Van Niel v. Van Niel (Appellate Division of the Supreme Court of New York 1983)
- Brotherton v. Brotherton (Appellate Division of the Supreme Court of New York 1980)
- Nardone v. Coyne (Appellate Division of the Supreme Court of New York 1980)
- Frank v. Krauss (Appellate Division of the Supreme Court of New York 1979)
- Huber v. Huber (Appellate Division of the Supreme Court of New York 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order unanimously reversed, without costs, and matter remitted to Erie County Family Court for further proceedings in accordance with the following memorandum: Petitioner successfully moved for an order modifying a prior support award and directing respondent to assume the cost of a private high school education for the divorced couple’s son. In construing the scope of a father’s duty to provide for the education of his children, it has been held that "a father is not required to pay for his child’s private school tuition where the community makes available * * * through the public school system the education which each child is entitled to as a matter of course” (Wagner v Wagner, 51 Misc 2d 574, 576, affd 28 AD2d 828, mot for lv to app dsmd 20 NY2d 803). Here however, petitioner alleged that the child’s inability to function within the public school system necessitated his enrollment in a private school. When a party seeks modification of a prior support order based upon a change in circumstances, the court should conduct a full hearing to determine whether the alleged change warrants modification (Rollins v Rollins, 33 AD2d 990). In the instant case the grant
Case-law data current through September 30, 2026. Source: CourtListener bulk data.