Nash v. Yablon-Nash
Cases that cite this one
10 later published cases cite this decision.
- Matter of Newton v. McFarlane (Appellate Division of the Supreme Court of New York 2019)
- Sirabella v. Sirabella (Appellate Division of the Supreme Court of New York 2012)
- Sirabella v. Sirabella (Appellate Division of the Supreme Court of New York 2012)
- Rodriguez v. Hangartner (Appellate Division of the Supreme Court of New York 2009)
- Grant v. Hunter (Appellate Division of the Supreme Court of New York 2009)
- Gold v. Gold (Appellate Division of the Supreme Court of New York 2008)
- Milone v. Milone (Appellate Division of the Supreme Court of New York 2008)
- Gold v. Gold (Appellate Division of the Supreme Court of New York 2008)
- Danvers v. Clarke (Appellate Division of the Supreme Court of New York 2006)
- Norman v. Dykman (Appellate Division of the Supreme Court of New York 2005)
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
In a matrimonial action in which the parties were divorced by a judgment entered March 20, 1996, the plaintiff appeals from an order of the Supreme Court, Kings County (Yancey, J.), dated April 23, 2004, which, without a hearing, denied his motion, inter alia, to modify a prior order of visitation so as to provide expanded and unsupervised visitation with the parties’ children and to impose a sanction upon the defendant for violating prior orders of visitation.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff’s contention, the Supreme Court properly, without a hearing, denied his motion, inter alia, to modify a prior order of visitation so as to provide expanded and unsupervised visitation with the parties’ children, since he failed to make a prima facie showing of a change in circumstances (see Matter of Steinharter v Steinharter, 11 AD3d 471 [2004]; Matter of Pignataro v Davis, 8 AD3d 487 [2004]). The plaintiff’s conclusory and unsubstantiated statements fell “far short of the evidentiary showing required to trigger a hearing on this issue” (Matter of Gerow v Gerow, 257 AD2d 718, 719 [1999]).
The Supreme Court’s reminder to the defendant to abide by her visitation obligations was an appropriate remedy for her alleged violation of prior orders of visitation by cancelling and rescheduling visitation with the plaintiff (see Matter of Pignataro v Davis, supra). Florio, J.P., Schmidt, Rivera and Lifson, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.