Gold v. Gold

Appellate Division of the Supreme Court of New York

Gold v. Gold

40 A.D.2d 850, 337 N.Y.S.2d 834, 1972 N.Y. App. Div. LEXIS 3367

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

DecidedNovember 20, 1972

StatusPublished

This text of 40 A.D.2d 850 (Gold v. Gold) 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

Gold v. Gold, 40 A.D.2d 850, 337 N.Y.S.2d 834, 1972 N.Y. App. Div. LEXIS 3367 (N.Y. Ct. App. 1972).

Pincite

Opinion

In an action for a divorce, defendant appeals from so much of a judgment of the Supreme Court, Nassau County, entered March 23, 1972 after a nonjury trial, as dismissed his counterclaim to impress a trust on real property owned by the parties as tenants by the entirety. Judgment affirmed insofar as appealed from, with costs. We note that the only relief sought at Special Term which is relevant to this appeal was upon defendant’s counterclaim to impress a trust on the real property owned by the parties as tenants by the entirety. Defendant sought that relief on the ground that he had supplied the consideration to purchase the property and never intended to have plaintiff obtain title. Accordingly, defendant may not on this appeal obtain a declaration as to his rights under a second deed which purports to transfer the interest of the parties to him alone. Whether or not he is entitled to a declaration that the second deed is valid between the parties was not raised in the pleadings or at the trial and thus we do not reach this issue. Martuscello, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In an action for a divorce, defendant appeals from so much of a judgment of the Supreme Court, Nassau County, entered March 23, 1972 after a nonjury trial, as dismissed his counterclaim to impress a trust on real property owned by the parties as tenants by the entirety. Judgment affirmed insofar as appealed from, with costs. We note that the only relief sought at Special Term which is relevant to this appeal was upon defendant’s counterclaim to impress a trust on the real property owned by the parties as tenants by the entirety. Defendant sought that relief on the ground that he had supplied the consideration to purchase the property and never intended to have plaintiff obtain title. Accordingly, defendant may not on this appeal obtain a declaration as to his rights under a second deed which purports to transfer the interest of the parties to him alone. Whether or not he is entitled to a declaration that the second deed is valid between the parties was not raised in the pleadings or at the trial and thus we do not reach this issue. Martuscello, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 850, 337 N.Y.S.2d 834, 1972 N.Y. App. Div. LEXIS 3367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-v-gold-nyappdiv-1972.