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DAGHIR v. DAGHIR

56 N.Y.2d 938 (1982)

Frances S. Daghir, Appellant, v. Khalil S. Daghir, Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1982.

Attorney(s) appearing for the Case

Kathryn S. Lazar, Charlotte M. Frank and Laura Zeisel for appellant.

James E. Coombs and Jeffrey C. Richards, for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur; Judge MEYER dissents and votes to reverse in an opinion in which Judge FUCHSBERG concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly reversed the order of Family Court for error of law. The Family Court had based its decision only on a balancing of the interests of the husband and the wife without making any determination as to the best interests of the children — the legally dispositive issue. Because the Family Court did not...

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