Blogs from October, 2020

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Achieving a Successful Appellate Outcome in Kinnear v. Cefoli

On July 24, 2013, my client entered into a matrimonial mediation agreement with her now ex-husband. The agreement stated that following the divorce, my client and her ex would continue to jointly own their ongoing distribution business because they had a “solid working relationship with a high level of trust in one another’s skills,” making co-ownership a “viable solution.” As a result, my client claimed 70% of the business while her ex received 30%.

But events occurred in the ensuing years which caused my client to appeal certain parts of her matrimonial mediation agreement in 2018. The trial court denied her rights and dismissed her claims. However, with the help of my strategic legal counsel and dedicated advocacy, we secured a victory in the Appellate Court!

So, what happened in the case of Kinnear v. Cefoli?

My Client alleged that her ex-husband failed to uphold his obligations as a co-owner of their business by allegedly:

  • distributing rival products
  • poaching a number of associates from the joint business
  • ceasing to recruit new associates for the joint business
  • assisting his new fiancée in establishing her own competing business

So Here’s What Happened:

My client claimed that her ex-husband’s actions were detrimental to the joint business and that same breached the trusting relationship on which it was founded. Thus, my client claimed that the joint business was no longer viable and sought to terminate her ex-husband’s interest in it and obtain other relief that she may be entitled to.

However, her ex-husband sought to dismiss my client’s complaint. The Supreme Court granted his cross-motion in 2019, because it believed that the complaint my client filed failed to state a reason to terminate the parties’ agreement. I appealed to the Supreme Court’s decision on my client’s behalf and we WON!

The appellate court reversed the Supreme Court’s order because it determined that the defendant’s cross-motion to dismiss my client’s complaint should have been denied. The appellate court accepted the facts in my client’s complaint as true and gave it the benefit of the doubt by determining only whether her alleged facts “fit within any cognizable theory.”

I KNOW How to Champion Your Rights

In the case of Kinnear v. Cefoli, I used my knowledge of the law and the procedures of the state of net Work to obtain a successful result. I can guide you through the appeals process every step of the way and explain your legal options thoroughly to help you determine the best course of action. These elements have helped me secure a victory in Kinnear v. Cefoli, and I look forward to fighting for the same outcome in your case.

To speak with a Staten Island divorce lawyer about your needs, contact us at (800) 560-0922 today!

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