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COURT GIVES ELDERLY WOMAN’S PUSHING CLAIM CONSIDERABLE PUSHBACK

ELDERLY AUNT HAD FAMILY COURT CASE DISMISSED

Alleging she had been pushed by her niece, Katherine J. filed a family court petition. But after a hearing, the New York Family Court opted to dismiss the proceeding because it didn’t think a family offense had been established or that the court’s intervention was warranted in this instance.

Despite the senior’s testimony that she had been pushed to the ground over a “missing check sent in the mail,” the Appellate Division, First Department, could find no basis in the record “to disturb the determinations in this case.” It noted that the Family Court “was entitled to great deference” when it came to assessing the credibility of the witnesses – whose recitation of the facts significantly conflicted.

Think she pushed the wrong buttons there?

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Matter of Katherine J. v Everlene S.

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