EH v. JH
In another case, Mr. Corletta aggressively prosecuted a motion on behalf of a poor non-monied spouse in EH v. JH (Wayne Cty Sup. Ct. 6/12/08) In that case, Defendant-Husband committed domestic violence against the wife, resulting in an issuance in an Order of Protection. As a result of the Defendants conduct, Plaintiff-wife was forced to leave her home, which she has brought to the marriage, and her job. Although she successfully obtained an Order of Protection in Family Court, the husband remained in the marital residence, as the Order of Protection did not require him to vacate the marital residence.
Upon entry into the case, Mr. Corletta recognized this problem. He first attempted to negotiate with the husband's (family law) attorney in order to get him to leave the marital residence voluntarily. When the husband's attorney stonewalled and delayed, Mr. Corletta would have none of it. He immediately filed a matrimonial action and a Motion for Exclusive Use and Occupancy, requesting attorney's fees and contribution toward the mortgage payments because the husband was not paying them, while continuing to reside in the home.
Still, the husband's attorney stonewalled and delayed. He submitted no response to the moving papers, and instead, 2 days before motion argument, informed Mr. Corletta his client would vacate in 3 weeks.
At the actual motion argument, Mr. Corletta was informed the husband now had moved out and was asked to withdraw his motion. Declining to do so, Mr. Corletta vigorously and accurately laid out the facts in the case and not only obtained an Order of Exclusive Use and Occupancy for his client, thereby restoring her to her home immediately, but obtained an award of attorneys fees and a judgment against the husband for a portion of mortgage payments he had refused to pay. By refusing to tolerate the husbands stonewalling and arrogant disregard of the facts, Mr. Corletta won a substantial victory for his beleaguered client.