Rapaport Law Firm, PLLC
A New York Divorce Attorney's Thoughts on NY Matrimonial and Family Law
Marc Rapaport has 19 years of experience handling New York family law matters. Marc is the founder and principal of Rapaport Law Firm PLLC, a matrimonial law firm in Manhattan's Empire State Building. We hope that this blog provides you with an informative discussion of New York family law. If you are looking for a divorce lawyer in New York City, call for a free telephone consultation: ph (212) 382-1600.
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Court December 01, 2011

COURT DISMISSES FRAUD COMPLAINT AGAINST NEW YORK DIVORCE LAWYER: STUART STRUMWASSER V. LISA ZEIDERMAN


Posted by Marc Rapaport

            In a decision issued on November 23, 2011, the Supreme Court (New York County) dismissed Stuart Strumwasser's fraud complaint against attorney Lisa Zeiderman, who was the divorce lawyer for Mr. Strumwasser's former wife.  Mr. Strumwasser's complaint alleged that defendant Zeiderman and her law firm had been "deceitful" in "represent[ing] that Snow Beverages [Plaintiff's company] was profitable since, at the time of the divorce proceedings, it was losing money."  Strumwasser's complaint alleged that he was induced to settle the divorce action because litigation regarding Snow Beverages' appropriate valuation would have been costly, complicated, and unaffordable. 

            In dismissing Strumwasser's complaint, the Court ruled that he had not plead an actionable cause of action for fraud, because in deciding to settle the underlying divorce action, he had not actually relied upon the allegedly fraudulent valuation.   The court did not address the issue of whether the appraisal in question was misleading. 

            The Court's decision in Strumwasser v. Zeiderman offers importance guidance for both New York divorce lawyers and litigants.  First, decision shows that after a marital settlement agreement is reached or divorce judgment is entered, a request for a "do-over" of the litigation will generally be denied.  Once a divorce litigant signs a settlement agreement, the overwhelming odds are that the agreement will be enforced.  The second lesson is that notwithstanding such unfavorable odds, many litigants are unable to abide what they consider to be a profound injustice.  This fuels further motions, court proceedings, and disciplinary actions.  In New York, the end of a divorce case may very well prove to be just the beginning of further litigation. 


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RAPAPORT LAW FIRM, PLLC.
One Pennsylvania Plaza, Suite 2430, New York, New York 10119
Phone 212.382.1600/Fax 212.382.0920/info@rapaportlaw.com
MARC RAPAPORT IS A NEW YORK DIVORCE ATTORNEY WITH MORE THAN 18 YEARS OF EXPERIENCE. HE IS A CONTRIBUTOR TO NEW YORK MAGAZINE'S "ASK THE EXPERTS" COLUMN, AND HE REGULARLY APPEARS IN THE LOCAL AND NATIONAL MEDIA REGARDING NY DIVORCE AND FAMILY LAW. IF YOU ARE FACING DIVORCE, IT IS ESSENTIAL THAT YOU RETAIN AN EXPERIENCED NY DIVORCE LAWYER. FOR AN APPOINTMENT, CALL THE RAPAPORT LAW FIRM TODAY: (212) 382-1600 or EMAIL MR. RAPAPORT.
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