Aged New York Husband His Wife’s Prisoner?

GEO#1Eighty-four-year old Martin Cassidy spent his career creating dinosaurs for the American Museum of National History.

His career began in 1972 when the museum was offered the articulated skeleton of a dinosaur, an acquisition that would cost $200,000, plus as much as $500,000 to send a team into the field to find, collect, pack, ship, prepare, and reassemble the gigantic beast. Realizing how financially impractical that was, his new calling began.

Over the years Mr. Cassidy and his team built life-like dinosaur facsimiles for museums around the world. It was while working at the museum that he became acquainted with New York pulp and paper billionaire and philanthropist Ira Wallach, whose charitable foundation provided funding for the famous museum.

Eventually he met Ira Wallach’s daughter, Kate Wallach, and before their 1987 marriage he signed a pre-nuptial agreement. Kate allegedly told him it was necessary to “make her family more comfortable”. Her father died in 2007 at the age of 97, and left her $200 million dollars.

During their 28-year May-December marriage they had five children. In Mr. Cassidy’s recent divorce court filing he deposed that while his wife luxuriates in their lavish $20 million dollar Long Island estate, he is relegated to a dark, dank area above the garage outfitted with a small bed and two rickety folding chairs.

There is a toilet, but no bath or shower, and he uses a nail pounded into the wall to hang his meagre wardrobe. His daily menu consists of canned soup and he receives $2,500 a month to meet his expenses.

Martin Cassidy explains in his filed affidavit that he is “literally and figuratively a prisoner” of his wife who he says is waiting for him to die so that she doesn’t have to share any of her large estate with him.

Kate Wallach’s lawyer, Kenneth, Weinstein, says Mr. Cassidy lives in a “beautiful home with surroundings he has chosen” and that his client’s husband is suffering from dementia. She reportedly does not wish to divorce.

A court-appointed guardian who is overseeing the process to determine his mental status has remarked that his living accommodation is “far from luxurious”.

In a recent court application Mr. Cassidy sought an order that his wife pay him $30,000 a month so he can move to his own rental accommodation. The Court ruled that pending the mental evaluation he should remain in the family home. His lawyer, Bettina Hindin, is appealing the order. She remarked:

“Imagine, solely as the result of being a divorce litigant, a court can force you to live with the spouse you are trying to rid yourself of.”

My observations? If the tables were turned and Kate Wallach was the victim of the circumstances described, a spousal support order would have been granted tout-suite, and probably for a lot more than $30,000 a month.

After 28-years of marriage and five children it is hard to imagine that a Court will not set aside the prenuptial agreement. In British Columbia these types of agreements are effective in short-term marriages with no children. Add years and children to the equation and they become less sustainable.

Lawdiva aka Georgialee Lang

JetBlue Airlines Demonstrates the Spirit of Christmas Amid the Politics of Racism

GAL & PAL #2jpgJetBlue is a discount airline with a big heart. Headquartered in Long Island, New York, the company announced they would provide free airfare to New York City for the funerals of New York police officers, Wenjian Liu and Rafael Ramos, who were ambushed and assassinated as they sat in their patrol car in Brooklyn.

The assailant, who committed suicide after the slaying, reportedly tweeted that his murderous actions were taken in revenge for the deaths of Michael Brown and Eric Garner.

JetBlue has offered free airfare to permit every police department in the United States to send two officers to the funeral. Millions of Americans have saluted the generosity of the airline, however, an abusive vocal minority, including professional protesters and anarchists, have denounced JetBlue by tweeting defamatory insults, such as the following:

@JetBlue is perfect example of white corporate America perpetuating white supremacy in police brutality #BlackLivesMatter”

@JetBlue SUPPORTS POLICE BRUTALITY!!

@JetBlue yes, they are a shitty company, would not be surprised if they are racists.

Unfortunately for the pea-brained individuals behind these tweets, and thousands of others who share their supposed outrage, the battle cry of “racism” has lost all meaning. It has been so politicized over the years that it is no longer a threatening phrase due to its misplaced use. If one opines that Michelle Obama wore an inappropriate outfit to a state dinner, cries of racism will ring out. (albeit Michelle is always perfectly outfitted).

Obama’s oval office open-door policy with race-baiter Al Sharpton is another in a long-line of White House missteps. I still shudder thinking about President Obama’s public statement that “Trayvon Martin could be my son”, a missive that did nothing to help race relations in America.

I congratulate JetBlue for their corporate generosity in facilitating a large turn out for the funerals of an Asian and a Latino police officer who were murdered, only because they wore the blue uniform. How is that racist?

Lawdiva aka Georgialee Lang

LiarsCheatersRUS.com

_DSC4851If your boyfriend or girlfriend is a liar or worse, a cheater, you can “out” him or her, just like Stacey Blitsch and Amanda Ryncarz did when they posted their complaints about their former lover, lawyer Matthew Couloute, on LiarsCheatersRUS.com.

The website is designed to provide a forum for women and men whose wives, husbands or significant others have “done them wrong”, usually by engaging in one or more affairs during what they believed to be a monogamous relationship.

In the case of Matthew Couloute, a former prosecutor and Court TV analyst, when he learned that the LiarsCheaters comments were the first hits for him when anyone googled him, he sued both women for compensation for inflicting harm to his reputation and causing mental anguish and economic loss.

Ms. Blitsch was a professional roller derby skater and the mother of Mr. Couloute’s son, while Ms. Ryncarz reported that Mr. Coulote dumped her and married someone else twelve days later. The online comments from the women included “Lied and cheated his entire 40 years of life”;”He’s scum, run far away” and “Has no longterm friends. He rents or finances everything and owns absolutely nothing”.

The website makes it very clear that the material on the site is someone’s opinion and the owners of Liars Cheaters do not guarantee the truthfulness or accuracy of the posted allegations.

Last week Federal Judge Harold Baer threw out Mr. Couloute’s lawsuit saying that Mr. Couloute could not show he had suffered any professional damage and ruled the comments were not defamatory because they were “clearly hyperbolic”. The Judge said that it would be obvious to anyone that the comments were the “opinions of disappointed lovers”.

Mr. Couloute says he intends to appeal the ruling: “When you look for a lawyer and the first thing that comes up on Google is defamatory, how are you not harmed?”

UPDATE ON LIARSCHEATERSRUS.COM

Karma is a bitch….Mr. Couloute married Lauren Haidon twelve days after dumping Ms. Ryncarz, having dated for two months prior to their wedding. Ms. Haidon stood up and defended her husband when he was cyber-slammed by his ex-girlfriends, but now she says they were absolutely right!

She filed for divorce in 2012 alleging that Mr. Couloute abandoned her and their 7-month-old baby. In an August 2012 family court filing she said “Father is mentally, financially, emotionally unstable. Father is emotionally abusive.”

But it gets worse. It appears the couple may have reconciled as the New York Post this week reports that Mr. Couloute was arrested and charged with third-degree assault. The victim is identified as his wife, but no name is given.

Lawdiva aka Georgialee Lang

When Surrogacy and Adoption Goes Wrong

DSC00258_1Several months ago we read about a couple from Australia who hired a Thai surrogate so she could bear the child they always wanted. During month three of the surrogate’s pregnancy the couple were informed that the 21 year-old surrogate was having twins, one of whom tested positive for Down’s syndrome. According to the surrogate, the parents-to-be implored her to have an abortion but she refused.

When the twins were born the agency who arranged the surrogacy delivered the “healthy” twin girl to the couple, leaving behind the baby boy who also had a congenital heart defect. Once the rejection of this little boy went viral, kind people around the world began donating monies, more than $150,000, to the surrogate mother who vowed to keep the baby and was surprised and heartened by the generosity of strangers.

The Australian couple were vilified and attempted to tell their side of the story, which was that they prayed fervently for their baby’s boy health when the twins were born two months premature, but were told the baby boy would not survive more than a day.

The media storm accelerated when it was publicly revealed that the biological father, an Australian, was a convicted pedophile and his Asian wife was aware of his sordid past. At the same time, the media released information that more than 65 babies born of surrogates in Thailand for gay couples from Israel were in the hands of Thai social services, because the Israeli government refused to grant immigration visas to the children.

These stories and others tell of the difficulties experienced by adoptive parents, surrogate mothers, and other players in the world of assisted reproduction and adoption.

A new story out of New York sheds further light on the frailties of international adoption. In the case of Matter of Adoption of Child A and Child C, a Long Island couple adopted two children from Russia in 2008. The children were described as “healthy and socially well-adjusted siblings”, but their adoptive parents had reason to doubt what they had been told when both children began to exhibit serious mental health problems. The couple also learned that the children were not related and both had been victims of sexual abuse. This truth began to explain the children’s bizarre behaviour including their threats to kill the parents.

Nassau County Judge Edward McCarty III will hear the parent’s application to void the adoption which will be heard in open court although the names of the parents and the children will be sealed. Judge McCarty explained that he wanted the proceedings to be public because 18 Russian children who were adopted by American families died violently in the last 20 years, most of them only residing in the US for six months.

The Long Island children, who are 12 and 14 years-old, are presently in state mental health facilities.

Lawdiva aka Georgialee Lang

Judge Trashes New York Landmark “Carnegie Deli” in Divorce Ruling

49afd8240a58bf0fb97d4a86105572c1I was in New York city last fall and near the top of our agenda was a trip to the Carnegie Deli, a landmark in mid-town since 1937 and run by the Levine family since 1976. Its claim to fame is kosher pastrami, corned beef, and their famous cheesecake, all of which they can ship almost anywhere in the world. It’s a very kitschy little place with uneven floors and plastic table cloths, but there is always a line-up.

I didn’t expect the Carnegie Deli to be featured in a divorce post, but it seems that Marian Harper Levine and her husband Sandy, who now runs the deli with her, were lambasted by Manhattan Supreme Court Justice Matthew Cooper for their petty squabbles, while litigants with serious problems were put on the back burner. The audacious judge said:

“What I care more about is the fact they’ve made millions of millions of dollars on the backs of dishwashers, cleaners and pastrami slicers who make as much in a year as they’ve made in a day or two.”

This was apparently in reference to a recent $2.65 million dollar settlement reached between the Levine’s and their staff, who were cheated out of proper wages for over a decade.

Mrs. Levine’s application was to reduce the $11,00 per month she has been paying her husband in spousal support, a request that was denied by Judge Cooper. She also complained that her husband, who began an affair with the deli’s former hostess, had helped himself to huge sums of money, an allegation that was called “all smoked meat and mirrors” by Mr. Levine’s witty attorney, Donald Frank. Mrs. Levine took exception to the trivialization of her concerns by opposing counsel, a view that Judge Cooper dismissed saying:

“This is not a case where I lose sleep at night. This is not some case where I have people with disabled children, where I have people who can’t afford to make next-month’s rent”…If I made light of anything, if I joked more than I should have, if I occasionally used a sarcastic tone…it’s not that I’ve lost track of what this case is about…”

No doubt we’ll hear more about the dissolution of the Levine’s 22-year marriage…as for me, I really didn’t like their cheesecake at all!

Lawdiva aka Georgialee Lang

Divorce Revenge

_DSC4179 - Version 2A Supreme Court judge in New York recently referred to a divorce litigant as “despicable”. What could possibly garner this strong reaction from an otherwise cool, calm and collected judicial official?

Just before the litigant’s wife filed for divorce, her husband decided to come clean with the tax authorities and filed amended tax returns for 2004 to 2007, disclosing an additional $1.6 million of income from his contracting business.

As a result, he owed the government $1.2 million in taxes, a sum that was coincidentally equivalent to the value of the family home. He also made it very easy for the tax authorities by attaching to his amended tax returns details of the assets he owned, the bank who held the mortgage on the family home, and other pertinent collection information.

The wife was shocked and horrified because the law in New York, as in many other jurisdictions, including British Columbia, provides that a debt incurred during the marriage for the family will be a family debt that is sharable between spouses. Unpaid income tax owed on family income is considered family debt.

The couple had been married for almost fifteen years and had four children.

The New York Supreme Court considered the husband’s evidence of the large family debt and determined that the husband had made the disclosure, not because he was being audited or investigated, but because he wished to cause as much pain as possible to his wife.

The trial judge found that his conduct was malicious and revenge was his motive.

Unfortunately, for this husband, his plan backfired, as the court held that given the egregious circumstances, he would be solely responsible for the debt.

Confucius once said, “Before you embark on a journey of revenge, dig two graves.”

Lawdiva aka Georgialee Lang

Divorcee Bites the Hand that Feeds Her

109508593611101CDPWe all know that it is unwise to “bite the hand that feeds you”. What that means in divorce litigation is that it would be foolish to tip off Revenue Canada or the IRS that your spouse is cheating them, at least until you have your share of the family property and your legal relationship is severed.

Unfortunately, Janice Schacter of New York either didn’t get that advice or simply ignored it , which is more likely. Janice and her husband, Ira Schacter’s divorce was far from low-key, in part because Janice, in her anger, posted unflattering stories about her estranged husband on a variety of websites. Eventually, the New York Post and other publications picked up on the acrimonious divorce and Mr. Schacter’s reputation as a wealthy and successful partner of a major New York law firm, went “down the toilet”.

Their divorce litigation began in 2007 after each of them was arrested for assaulting the other. During the course of the proceedings Mr. Schacter filed 40 separate motions, while his wife filed 26. At the end of their divorce wars, Ira Schacter had spent about $2.3 million on legal fees, $500,000 on expert’s reports, and $460,000 on criminal and child protection investigations. Ms. Schacter owes two law firms several hundred thousand dollars, monies they are suing her for.

Part of Janice Schacter’s “defence” were regular calls to the police, who attended at her husband’s home one hundred times. He was also the subject of seven separate child protection investigations.

However, the incident that Mr. Schacter alleged led to a significant downturn in his law practice at Calwalader, Wickersham & Taft, with an accompanying decrease in the value of his law partnership interest, was an article published by the New York Post that he had purchased a $215,000 diamond engagement ring for his fiancé, but refused to pay $12,000 for his hearing impaired daughter’s hearing aids. The New York Post’s source for the story was none other than Janice Schacter!

The story caused popular website “Above the Law” to select Ira Schacter as their “Lawyer of the Month”, an accolade that was anything but
prestigious. As it turned out, by the time the story was published the hearing aids had been purchased and the issue of who should ultimately be responsible for the cost was pending before the court.

At trial, Mr. Schacter argued that his wife’s disparaging comments on the internet and in other publications led to a significant decrease in the value of his partnership interest. Manhattan Supreme Court Justice Laura Drager agreed that Ms. Schacter’s conduct contributed to the decline in Mr. Schacter’s law practice, but also found that the 2008 economic crisis was integral to his firm’s 94% decrease in revenue, particularly because the firm’s business was tied to investment banks and mortgage-backed securities. During this time-frame the firm had laid off 131 associate lawyers.

However, Ira gave as good as he got as Justice Drager set out in her Reasons:

“They each shouted and interrupted court proceedings. They made inappropriate comments and gestures to each other immediately outside the courtroom.”

She also noted that after an incident between Mr. Schacter and his daughter he was arrested and ordered to enroll in mandatory anger management classes. Justice Drager also found he made vulgar and cruel comments about his wife to the children.

Mr. Schacter called witnesses who confirmed they refused to retain him as counsel due to the negative publicity. Justice Drager remarked:

“His testimony (and others) establishes to this court that the Internet postings have been injurious to the husband’s professional standing and ability to retain clients….The wife was well within her rights to publicly raise her concerns about domestic violence. However, the wife’s incessant postings and discussions about the issue went beyond any reasonable discussion of this very serious issue.”

As a result of her findings, Janice Schacter received only 17% of her husband’s partnership interest, the sum of $855,440, while he retained 83%, amounting to a value of $4.17 million.

But Ms. Schacter has not abandoned her public pulpit. An article about her case was published in the New York Law Journal this week where she took on the trial judge, writing:

“This was about protecting her (the judge’s) career. I stood up to a judge that wouldn’t enforce court orders, follow state laws, ensure my family was safe, give me legal fees, proper discovery, experts, and then created a record to prevent an appeal.”

Methinks we haven’t heard the last from Janice Schacter.

Lawdiva aka Georgialee Lang