From Casetext: Smarter Legal Research

Bohlman v. Bohlman

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1979
71 A.D.2d 648 (N.Y. App. Div. 1979)

Opinion

July 23, 1979


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.


Summaries of

Bohlman v. Bohlman

Appellate Division of the Supreme Court of New York, Second Department
Jul 23, 1979
71 A.D.2d 648 (N.Y. App. Div. 1979)
Case details for

Bohlman v. Bohlman

Case Details

Full title:ELEANOR R. BOHLMAN, Appellant, v. JOHN W. BOHLMAN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 23, 1979

Citations

71 A.D.2d 648 (N.Y. App. Div. 1979)