Kiley v. Kiley

Appellate Division of the Supreme Court of New York

Kiley v. Kiley

48 A.D.2d 807, 369 N.Y.S.2d 410, 1975 N.Y. App. Div. LEXIS 10003

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

DecidedJune 24, 1975

StatusPublished

This text of 48 A.D.2d 807 (Kiley v. Kiley) 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

Kiley v. Kiley, 48 A.D.2d 807, 369 N.Y.S.2d 410, 1975 N.Y. App. Div. LEXIS 10003 (N.Y. Ct. App. 1975).

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Opinion

Order, Supreme Court, Bronx County, entered February 4, 1975, striking defendants’ defense and counterclaim (with leave to replead), unanimously reversed, on the law, and said defense and counterclaim reinstated, without costs or disbursements. Though inartfully drawn, the answer interposed by defendant Edward A. Kiley demands a judgment of divorce from his wife, the plaintiff, who is seeking a judgment declaring her husband’s Haitian divorce invalid. Under such circumstances, the defendant husband is not estopped from requesting such relief (Stevens v Stevens,. 273 NY 157) or precluded from alleging alternative defenses. (CPLR 3014.) Concur—Kupferman, J. P., Murphy, Capozzoli, Lane and Nunez, JJ.

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Order, Supreme Court, Bronx County, entered February 4, 1975, striking defendants’ defense and counterclaim (with leave to replead), unanimously reversed, on the law, and said defense and counterclaim reinstated, without costs or disbursements. Though inartfully drawn, the answer interposed by defendant Edward A. Kiley demands a judgment of divorce from his wife, the plaintiff, who is seeking a judgment declaring her husband’s Haitian divorce invalid. Under such circumstances, the defendant husband is not estopped from requesting such relief (Stevens v Stevens,. 273 NY 157) or precluded from alleging alternative defenses. (CPLR 3014.) Concur—Kupferman, J. P., Murphy, Capozzoli, Lane and Nunez, JJ.

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Bluebook (online)

48 A.D.2d 807, 369 N.Y.S.2d 410, 1975 N.Y. App. Div. LEXIS 10003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiley-v-kiley-nyappdiv-1975.

Opinion

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