Robert G. Smith

Top rated Family Law attorney in New York, New York

Robert G. Smith, PLLC
Robert G. Smith
Robert G. Smith, PLLC

Practice Areas: Family Law, Business Litigation, Civil Litigation; view more

Licensed in New York since: 1974

Education: Rutgers School of Law - Newark

Selected to Super Lawyers: 2011 - 2024

Robert G. Smith, PLLC

950 Third Avenue
11th Floor
New York, NY 10022 Visit website


Robert G. Smith is a leading and well respected New York matrimonial attorney.  He is knowledgeable and gifted as an advocate, diligent and efficient as a professional, and unsurpassed in the ability to conclude all manner of family law assignments.  Following his admission to the New York Bar in 1974,  Mr. Smith learned his craft at prominent New York City law firms.  He established his own New York law firm in 1981.  Since then, with the pursuit of excellence as the guiding principle Mr. Smith has successfully represented clients throughout  the New York City metropolitan area in all the facets of family law.  For these reasons, loyal clients regularly turn to Mr. Smith for legal guidance concerning the following:

• Divorce, in all of its manfestations, at the settlement conference table, in the trial courts as well as the appellate courts. 
• High net worth asset and income distribution.
• Tax and income-savvy property division and distribution.
• Prenuptial and postnuptial agreements

• Modifications of custody and divorce settlements
• Paternity proceedings
• Common law marriage, same-sex marriage and domestic partnerships

Mr. Smith  earned his law degree at Rutgers School of Law-Newark in June 1973.  He distinguished himself with service on the Rutgers Law Review and received the highest monetary scholarship award in his graduating class.  He was admitted to the New York Bar in March 1974.  During the past 40 years Mr. Smith has become and remained the consummate professional.   His diligence and documented results have earned the devotion of his clients as well as the respect and recognition of his peers and the judiciary.  Mr. Smith's extensive legal knowledge is regularly honed in the courtroom and at the conference table. He holds a "Superb" professional rating from Avvo.  For the past 20 years Mr. Smith has received an AV-Preeminent* peer-review rating from Martindale-Hubbell.  Mr. Smith was a regular commentator on Court TV for the life of the network.  He regularly serves as a neutral evaluator for matrimonial cases in the New York County Supreme Court.  He is a member of the New York State Bar Association (Family Law Section), the New York County Lawyers' Association (Family Law Section) and the New York City Bar Association (Matrimonial Law Committee) and the Westchester County Bar Assocaition. 

*AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

Practice areas

Family Law, Business Litigation, Civil Litigation: Defense

Focus areas

Adoption, Alimony & Spousal Support, Child Support, Custody & Visitation, Divorce, Domestic Violence, Father's Rights, Marital Property, Paternity, Prenuptial Agreements

  • 80% Family Law
  • 10% Business Litigation
  • 10% Civil Litigation: Defense

First Admitted: 1974, New York

Professional Webpage:

Verdicts/Settlements (Case Results):
  • Cai v. Lau, 133 AD3d 541 (1st Dept. 2015).  Following success in the trial court defending claims in a divorce action for a distributive award on a medical license and for spousal maintenance, wrote the brief and argued the appeal that affirmed the trial court's awards and denied attempts to obtain another trial.   
  • People v. Beatty, 168 A.D.2d 683 (2nd Dept 1990).  Successful attack upon armed robbery conviction where the trial transcript was lost and the prosecutor could not establish reconstruction of the trial record.
  • Fendler v. Thorne, 83 A.D.2d 803 (1st Dept 1982). 
  • City of New York v. State of Board of Equalization and Assessment, 60 A.D.2d 932 (3rd Dept. 1978)
  • Wolff v. Illustrated World Encyclopedia, 34 N.Y.2d 834 (1974)
  • Schwab v. Phillips, 78 AD3d 1036 (2nd Dept. 2012).  Appellate Court affirmed award of monetary sanctions against divorce lawyer who invaded an escrow fund during the pendency of the divorce action.   
  • Marx v. Marx, 258 AD2d 366 (1st Dept. 1999).  Appellate Court upheld counsel fee award in divorce action. 
  • Mars Productions Corp. v. U.S. Media Corp., 169 A.D.2d 550 (1st Dept 1991).  Successful appellate affirmance following trial court's grant of summary judgment to enfoce motion picture distribution agreement.   
  • Anderson v. Anderson, 111 A.D.2d 730 (1985)
  • Con Edison v. City of New York, 44 N.Y.2d 536 (1978)
  • Wolfe v. Wolfe, 86 Misc.2d 313 (Sup.Ct.Nassau Co. 1976)
  • Delijani v. Delijani, 100 AD3d 951 (2nd Dept.) reported in 2012.  Appellate Court upheld trial court's counsel fee award in divorce enforcement litigation.    
  • Diamond v. Diamond, 290 AD2d 270 (1st Dept 2002).  Appellate Court vacated a sua sponte award of attorneys fees against a spouse then unrepresented by legsal counsel.  
  • People v. Borriello, 155 Misc. 2d 261 (S.Ct. Kings Co. 1992).  Successful federal constitutional law challenge to strike purported New York State video piracy statute under the supremacy clause.   Prominently reported in the New York Law Journal.
  • People v. Coley.  Successful defense in New York's first homicide stray bullet prosecution, in Kings County. First trial resulted in a mistrial after a police witness was overheard talking about the case by a juror.  Not guilty verdict on the top charge after the second trial.     
  • Fridman v. Fridman, 120 A.D.2d 491 (1st Dept 1986).  Successful reversal on appeal to reiinstate marital status after trial court granted reverse summary judgment in divorve action. 
  • Weyerhaeuser v. Weyerhaeuser, 79 A.D.2d 902 (1st Dept 1981)
  • Stream v. Sportscar Salon, 91 Misc.2d 99 (Civ.Ct.Queens Co. 1977).  In a trial court action before New York enacted a so-called lemon law, successfully established a breach of warranty claim against a used car vendor. 
  • HS v. MS, reported at 48 Misc3d 1212 in 2015.    Court enforced prenuptial agreement executed in Germany in New York divorce action  
  • Costantini v. Costantini, 44 AD3d 509 (1st Dept. 2007).  Appellate Court upheld award of monetary sanctions against a disgruntled client who personally attacked divorce lawyer in court filing in divorce action.    
Educational Background:
  • Brooklyn College-CUNY, Brooklyn, New York B.A. - 1970
Bar/Professional Activity:
  • New York, 1974
  • Association of the Bar of the City of New York
  • U.S. Supreme Court, 1978
  • Court Television Network, Commentator on Criminal Cases and Domestic Relations Cases, 1991 - Present
  • New York County Lawyers Association, Member, Committee on the Supreme Court, 1992 - Present
  • U.S. Court of Appeals 2nd Circuit, 1975
  • National Association of Criminal Defense Lawyers, Member
  • New York State Bar Association, Member
  • U.S. District Court Southern District of New York, 1975
  • New York County Lawyers Association, Matrimonial Law Section, Member
  • Fidelity Union Trust Company Award For Outstanding Achievement in Estate Planning, Rutgers University School of Law, 1973
  • AV Rated Litigator, 1990
  • Member Board of Editors, Rutgers Law Review, 1973
Scholarly Lectures/Writings:
  • Lecturer, New York State Bar Association, 2004
  • Law Review: Rutgers Law Review, Editor, 1973, Rutgers, The State University of New Jersey School of Law - Newark, Newark, New Jersey
  • Comment, 26 Rutgers Law Rev. 383, 1973
  • Lecturer, New York County Lawyers Association, 1996
Pro bono/Community Service:
  • New York Womens Bar Associaton Pro Bono Panels  Matrimonial Law, 2008
Special Licenses/Certifications:
  • Certified for court appointment as a fiduciary and attorney for children and spouses in matrimonial litigation., 2010
  • Felony Panel for Assigned Defense Counsel First Department New York Supreme Court 

Office location for Robert G. Smith

950 Third Avenue
11th Floor
New York, NY 10022

Phone: 212-499-0940


14 Years Super Lawyers
  • Super Lawyers: 2011 - 2024

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