McGrady v. Rosenbaum – Case Brief Summary (New York)

In McGrady v. Rosenbaum, 62 Misc.2d 182, 308 N.Y.S.2d 181 (1970), the plaintiff sued his former wife and her parents upon allegations that the wife abandoned the plaintiff to take up residence with her parents, that the former wife absconded with their child without plaintiff s knowledge or consent, that the former wife refused to advise plaintiff of the child' s whereabouts, and that her parents financed, induced and physically assisted the wife in the abandonment and divorce (including the payment of legal fees transportation and living expenses).

Further, the plaintiff in McGrady alleged that the parents induced and conspired with the wife to deprive the plaintiff of knowledge of the whereabouts and condition of his child, and ultimately induced and assisted the wife to take up permanent residence in a foreign country, providing the financing for her trip and residence there.

In dismissing the claims against the parents, the trial court found that "inextricably wound into the allegations is a banned cause of action for alienation of affections. (McGrady, 62 Misc.2d at 189.)

Noting the privilege of a parent to furnish support in the context of an abandonment or divorce, the Court stated: "Even assuming some measure of malice attended the (parents ) advice and assistance to their daughter, an action does not lie against one whose motives may be mixed, but who has a legitimate purpose or who pursues a protected objective." (McGrady, 62 Misc.2d at 189.)