Gage v. Rentze
This text of 59 Misc. 2d 334 (Gage v. Rentze) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a motion for summary judgment, pursuant to CPLR 3212, which the defendant opposes.
The subject of this action is based on child support payments under an annulment decree, which, it is alleged, are in default.
The child of the marriage is Susan Ann Rentze, and the arrearage in support payments is for her benefit and not for the plaintiff in this action. In my judgment, assuming that plaintiff has standing to bring this action, the infant is a party who should have been joined, pursuant to CPLR 1001 (subd. [a]).
Therefore, I am treating defendant’s cross motion as a motion to dismiss plaintiff’s complaint, pursuant to CPLR 3211 (subd. [a], par. 10). (See 4 Weinstein-Korn-Miller, N. Y. Civ. Prac.. par. 3211.45.)
Plaintiff’s complaint is dismissed, without prejudice to a new proceeding brought pursuant to section 244 of the Domestic Relations Law, which in this case especially affords a vehicle for the assured protection of the infant’s interest (Kahn v. Sampson, 23 A D 2d 539; St. Germain v. St. Germain, 25 A D 2d 568).
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Cite This Page — Counsel Stack
59 Misc. 2d 334, 299 N.Y.S.2d 98, 1969 N.Y. Misc. LEXIS 1612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gage-v-rentze-nysupct-1969.