Gansburg v. Gansburg

Appellate Division of the Supreme Court of New York

Gansburg v. Gansburg

124 A.D.2d 701, 508 N.Y.S.2d 213, 1986 N.Y. App. Div. LEXIS 62008

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1986

StatusPublished

Cited by2 cases

This text of 124 A.D.2d 701 (Gansburg v. Gansburg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gansburg v. Gansburg, 124 A.D.2d 701, 508 N.Y.S.2d 213, 1986 N.Y. App. Div. LEXIS 62008 (N.Y. Ct. App. 1986).

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Opinion

We reject the defendant’s contention that he was prejudiced by the discontinuance of the plaintiff’s matrimonial action because the order appealed from did not provide for the return to him of certain items of personal property. "[Ojrdinarily a party cannot be compelled to litigate and, absent special circumstances, discontinuance should be granted (4 Weinstein-Korn-Miller, NY Civ Prac, par 3217.06)” (Tucker v Tucker, 55 NY2d 378, 383). In light of the pendency of the defendant’s action to recover damages for conversion, which places in issue the plaintiff’s right to possession of all the items and moneys the defendant sought to recover in the matrimonial action, the defendant cannot claim to be prejudiced by the discontinuance of the plaintiff’s action (see, CPLR 3217 [b]). Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.

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We reject the defendant’s contention that he was prejudiced by the discontinuance of the plaintiff’s matrimonial action because the order appealed from did not provide for the return to him of certain items of personal property. "[Ojrdinarily a party cannot be compelled to litigate and, absent special circumstances, discontinuance should be granted (4 Weinstein-Korn-Miller, NY Civ Prac, par 3217.06)” (Tucker v Tucker, 55 NY2d 378, 383). In light of the pendency of the defendant’s action to recover damages for conversion, which places in issue the plaintiff’s right to possession of all the items and moneys the defendant sought to recover in the matrimonial action, the defendant cannot claim to be prejudiced by the discontinuance of the plaintiff’s action (see, CPLR 3217 [b]). Brown, J. P., Rubin, Lawrence and Kooper, JJ., concur.

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Bluebook (online)

124 A.D.2d 701, 508 N.Y.S.2d 213, 1986 N.Y. App. Div. LEXIS 62008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gansburg-v-gansburg-nyappdiv-1986.

Opinion

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