Over the course of his twenty five years of practice, Mr. Kommor has established himself as one of the foremost and prominent litigators in the State of New York. His skills as both a trial and appellate advocate have earned him numerous distinctions and universal respect from clients, colleagues, and judges. Armed with extensive courtroom experience, an intricate knowledge of the law, and finely tuned negotiation skills, Mr. Kommor has obtained extraordinary results for his clients time and time again. Listed below are just a sampling of these successes obtained by Mr. Kommor at both the trial and appellate level.
A Nassau County Judge has been reversed by the New York State Appellate Division for failing to properly distribute hundreds of thousands of dollars to the wife in a protracted divorce case. Prior to trial, the parties agreed to equally divide a substantial number of assets which included cash accounts, retirement accounts, and various business holdings. Despite this agreement, the Husband did not effectuate a transfer of those assets due to the Wife and it was later discovered at trial that these assets were no longer in existence as the husband dissipated or spent same. The trial court seemingly overlooked this fact and ordered (after trial) that the only those assets in existence at the time of trial need be divided. As most of the assets no longer existed at the time of the trial, the Wife was effectively denied her fair share of substantial assets due to her.
Mr. Kommor appealed the trial judge’s decision and was successful in obtaining a reversal. Mr. Kommor argued on appeal that the trial judge committed error by issuing a trial decision that contravened a prior agreement of the parties as to how to distribute their assets. By doing so, Mr. Kommor argued that the trial judge’s decision represented an improper modification of a valid agreement made between the parties. The appellate division agreed stating that “[A] court may not impair a party’s contractual rights under the agreement by modifying the judgment of divorce.” The matter was remanded back to the lower court for a determination of those amounts due to the wife along with accrued interest on those assets to which she was entitled.
The appellate division also reversed the lower court judge by awarding the wife legal fees that had not been granted to her by the lower court and upwardly modified the amount of child support awarded to the Wife.
Wife awarded 100% of all assets including title to marital residence based upon Husband's failure to comply with court orders and provide mandatory financial disclosure. Court imputed much higher income to the Husband than reported on his tax returns. Wife also awarded substantial child support and long term maintenance despite husband's claim that his business was failing and that his earning were insufficient to pay support. Husband also found in contempt of court for violating court orders and sentenced to a period of incarceration of 60 days. Trial court decision affirmed on appeal.
Wife awarded $9,200.00 per month in combined support maintenance retroactive to the date that she filed for divorce. Wife also awarded 50% of marital assets and 20% of Husband's interest in accounting firm. Husband also ordered to pay for all college costs for the parties' children as well as 98% of all ancillary expenses incurred on behalf of the children.
Husband awarded $4,000,000.00 as his portion of Wife's lottery winnings despite the fact that Wife purchased the winning lottery ticket and claimed that her winnings were entirely separate property.
Wife awarded $11,500.00 per month in maintenance for the remainder of her life in addition to basic child support. Wife also awarded 25% interest in the Husband's law practice in addition to 50% of the marital estate. Wife also awarded full residential custody of children despite hotly contested custody dispute.
Wife awarded 40% of the value of Husband's business along with long term spousal maintenance despite the fact that the marriage was of relatively short term and there were no children of the marriage. Husband's claims that the wife had no involvment in the formation and operation of his business were rejected by the trial court. Matter affirmed on appeal.
Wife awarded 70% of martial assets worth several millions which included family business and significant real estate holdings. Wife also awarded child support and 20 years of spousal maintenance. Husband's attempts to devalue the marital estate and dissipate assets during the divorce were proven to court.
Wife awarded temporary maintenance and child support in the amount of $15,000.00 per month. Husband also directed to pay 100% of all carryings costs on marital residence, wife's auto expenses, real estate taxes, health insurance expenses, and educational expenses for child. Husband also directed to pay a significant portion of Wife's legal fees.
Husband awarded 50% residential custody and legal custody of children of the marriage in hotly contested custody trial.
Husband awarded full legal and residential custody of the children of the marriage after it was successfully demonstrated that Wife's issues with alcohol prevented her from being primary caregiver of the children. Wife directed to pay child support in accordance with New York State Child Support Standards Act.
Husband awarded 50% legal and residential custody of child of the marriage. Neither party required to pay the other child support or spousal maintenance as each proved to be self supporting.
Wife awarded lifetime maintenance after successfully proving that she was disabled and could not obtain meaningful employment. Husband's cash income from business was successfully demonstrated to the trial court who rejected Husband's claim of sudden income deficiency syndrome.
Husband awarded full residential custody of children and exclusive occupancy of marital residence after it was established that Wife's issues with alcohol posed danger to children. Wife required to attend rehabilitation treatment and wear alcohol sensing device so as to show continued abstinence from use of alcohol.
Jury trial verdict awarding Wife a divorce based upon the grounds of cruel and inhuman treatment. Wife awarded sole legal and residential custody of child.