Supreme Court of New York
226 A.D.2d 760 (1996)
Lizzio (plaintiff) and Jackson (defendant) were married and had two children. In 1988, the parties separated. Following their separation, the parties reached a joint custody agreement under which Jackson had primary physical custody and Lizzio had liberal visitation. In 1991, the parties were divorced, and the joint custody agreement was incorporated into the judgment. Three years later, Lizzio filed a petition requesting modification of the custody arrangement due to the fact that Jackson was smoking around the children. Lizzio was concerned about the secondhand smoke, because one of the sons had been suffering from asthma since 1986. Notably, smoking was not a new habit of Jackson's. Jackson had been smoking since before the parties divorced in 1991. Nevertheless, the family court found that custody should be modified. The family court granted Lizzio primary physical custody because of the health risks that smoking poses. Jackson appealed.
Rule of Law
Holding and Reasoning (Cardona, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.