Berkowitz v. Berkowitz

New York Court of Appeals

Berkowitz v. Berkowitz

490 N.E.2d 1218, 67 N.Y.2d 737, 500 N.Y.S.2d 92, 1986 N.Y. LEXIS 17130

CourtNew York Court of Appeals

DecidedFebruary 19, 1986

StatusPublished

Cited by2 cases

This text of 490 N.E.2d 1218 (Berkowitz v. Berkowitz) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berkowitz v. Berkowitz, 490 N.E.2d 1218, 67 N.Y.2d 737, 500 N.Y.S.2d 92, 1986 N.Y. LEXIS 17130 (N.Y. 1986).

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Opinion

OPINION OF THE COURT

Order reversed, without costs, and matter remitted to the Appellate Division, Third Department, for review of the facts and exercise of discretion. We agree with the dissenters below that plaintiff adduced proof legally sufficient to constitute a prima facie cause of action based on Debtor and Creditor Law § 275, and that the majority erred in holding that, as a matter of law, defendant was prejudiced by the trial court’s amendment of the complaint to conform to such proof. We remit to the Appellate Division for it to determine whether the trial court’s verdict in plaintiffs favor on that cause of action was against the weight of the evidence and to exercise its discretion with respect to the amendment.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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OPINION OF THE COURT

Order reversed, without costs, and matter remitted to the Appellate Division, Third Department, for review of the facts and exercise of discretion. We agree with the dissenters below that plaintiff adduced proof legally sufficient to constitute a prima facie cause of action based on Debtor and Creditor Law § 275, and that the majority erred in holding that, as a matter of law, defendant was prejudiced by the trial court’s amendment of the complaint to conform to such proof. We remit to the Appellate Division for it to determine whether the trial court’s verdict in plaintiffs favor on that cause of action was against the weight of the evidence and to exercise its discretion with respect to the amendment.

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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Bluebook (online)

490 N.E.2d 1218, 67 N.Y.2d 737, 500 N.Y.S.2d 92, 1986 N.Y. LEXIS 17130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkowitz-v-berkowitz-ny-1986.

Opinion

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