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Barry Abbott


Barry Abbott
(212) 685-7474
babbott@mak-law.com
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Barry Abbott, a partner of the firm, is an AV® Preeminent™ rated (highest possible rating in legal ability and ethical standards) trial and appellate litigator, practicing matrimonial and family law since 1981.  Having tried numerous and complex, high income and asset matrimonial and family law cases, jury and bench trials in civil and criminal defense matters, and having prepared and argued appeals before the New York State Court of Appeals and the First and Second Departments of the Appellate Division, Barry has established credibility with both judges and adversaries and has the gravitas to effectively represent his clients and provide them with wise counsel.

A current member of the Interdisplinary Forum on Mental Health and the Law, Barry was a participating attorney on the ABA Project Against International Child Abduction, a mentor attorney for  InMotion (fka Network for Women’s Services), and was appointed by the Appellate Division, First Department to be a member of its  Family Court Advisory Committee.  He is a member of the family law and litigation sections of the American Bar Association, and the family law sections of the New York State Bar Association and the New York City Bar Association.

Mr. Abbott’s reported cases include:

NEW YORK COURT OF APPEALS

Matter of Sheila G., 61 N.Y2d 368, 474 N.Y.S.2d 421 (Court of Appeals, 1984).

NEW YORK APPELLATE DIVISION

Matter of Pinsky v. Botnick, 105 AD3d 852(2nd Dept., 2013) Barocas v. Barocas, 94 A.D.3d 551, 942 N.Y.S.2d 49 (1st Dept. 2012) Dodson v. Dodson, 77 A.D.3d 564, 909 N.Y.S.2d 68 (1st Dept., 2010) Gorsky v. Kessler, 78 A.D.3d 834, 911 N.Y.S.2d 129  (2nd Dept., 2010). Dodson v. Dodson. 46 A.D.3d 305, 846 N.Y.S.2d 576 (1st Dept., 2007). Levine v. Levine, 37 A.D.3d 553, 830 N.Y.S.2d 250 (2nd Dept., 2007). Dodson v. Beeler, 35 A.D.3d 328, 827 N.Y.S.2d 678 (1st Dept., 2006) Kessler v. Kessler, 33 AD3d 43, 818 N.Y.S.2d 571 (2nd Dept., 2006). Messinger v. Messinger, 24 A.D.3d 631, 809 N.Y.S.2d 83 (2nd Dept., 2005). In re Daijuanna Priscilla M., 290 A.D.2d 298, 735 N.Y.S.2d 544 (1st Dept., 2002). Bansal v. Bansal, 281 A.D.2d 503, 721 N.Y.S.2d 798 (2nd Dept., 2001). In re Danny Darrell V. 284 A.D.2d 247, 726 N.Y.S.2d 562 (1st Dept., 2001). Howard v. Howard, 186 A.D.2d 132, 587 N.Y.S.2d 950 (2nd Dept., 1992). Morgan v. N.Y.C. Housing Authority, 181 A.D.2d 890, 581 N.Y.S.2d 425 (2nd Dept.,1992). People v. Harris, 150 A.D.2d 723, 541 N.Y.S.2d 593 (2nd Dept., 1989).

FEDERAL COURT

In re Duffy, 331 B.R. 137 (Bankr.SDNY  2005), aff’d 344 B.R. 237 (SDNY 2006)

NEW YORK TRIAL COURTS

Matter of J.P. v. E.B., April 2, 2012 NYLJ p. 17, col. 1 (Dec. of Interest) (Fam. Ct., Nassau Co., 2012) Kessler v. Kessler, April 19, 2006 NYLJ p. 21, col. 1 (Dec. of Interest) (Sup. Ct., West. Co., 2005). Ochs v. Ochs, 193 Misc.2d 502, 749 N.Y.S.2d 650 (Sup. Ct., West. Co., 2002).

JURY VERDICTS - PLAINTIFF

Miles v. 220 Church St. Associates, (Sup. Ct., Kings Co., 2004) $2,000,000 verdict for client. Appellaniz v. CUNY, 2003 WL 21703849 (Sup. Ct., NY Co., 2003), N.Y.J.V.Rep. 21.  $366,666 verdict for client.

Publications

Grandparent Visitation: Can the Fit-Parent Presumption be Overcome?  NY Family Law Monthly, Vol. 15, Number 2 (October 2013) and Vol. 15, Number 3 (November 2013)

 



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