Kagen v. Kagen
New York Court of Appeals
21 N.Y.2d 532, 289 N.Y.S.2d 195, 236 N.E.2d 475 (1968)
- Written by Steven Pacht, JD
Facts
Anita Kagen (plaintiff) and Theodore Kagen (defendant) obtained a Mexican divorce. Pursuant to the divorce decree, Theodore was required to pay Anita $60 per week in child support for the couple’s two children. Anita subsequently sued Theodore on behalf of herself and the children (plaintiffs) in New York supreme court, seeking, among other things, to require Theodore to pay substantially more in child support. Theodore moved to dismiss the portion of Anita’s complaint demanding additional child support on the ground that the request should have been brought in family court and that the supreme court lacked subject-matter jurisdiction. The supreme court dismissed the action, but the appellate division reversed. Theodore appealed.
Rule of Law
Issue
Holding and Reasoning (Burke, J.)
Dissent (Jasen, J.)
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