Appellate Division of the Supreme Court of New York, 1979

Bohlman v. Bohlman

Bohlman v. Bohlman
Appellate Division of the Supreme Court of New York · Decided July 23, 1979
71 A.D.2d 648; 418 N.Y.S.2d 562; 1979 N.Y. App. Div. LEXIS 12872
Bohlman v. Bohlman

Opinion of the Court

—In a matrimonial action in which the plaintiff wife was granted a divorce, she appeals from an order of the Supreme Court, Suffolk County, entered July 12, 1978, which, inter alia, (1) granted defendant’s motion to permanently prohibit plaintiff from bringing "any further frivolous proceedings” against defendant for alleged claims dating from the date of the divorce judgment, and (2) awarded defendant costs in the sum of $20. Order modified, on the law, by deleting the first and third decretal paragraphs thereof and substituting therefor a provision denying the defendant’s motion. As so modified, order affirmed, without costs or disbursements. Since no one is entitled to bring "frivolous proceedings” an order that purports to preclude such proceedings is superfluous. From another perspective, an order that enjoins recourse to the courts is entirely too broad, even in the circumstances pertaining here. Lazer, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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