Knobel v. Knobel

455 N.E.2d 661, 60 N.Y.2d 672, 468 N.Y.S.2d 102, 1983 N.Y. LEXIS 3374
CourtNew York Court of Appeals
DecidedSeptember 27, 1983
StatusPublished
Cited by3 cases

This text of 455 N.E.2d 661 (Knobel v. Knobel) 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
Knobel v. Knobel, 455 N.E.2d 661, 60 N.Y.2d 672, 468 N.Y.S.2d 102, 1983 N.Y. LEXIS 3374 (N.Y. 1983).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Notwithstanding defendant’s claim that plaintiff’s true motive in seeking a discontinuance was to bring another action in which equitable distribution would be available, it was not improper for the Appellate Division to have granted the discontinuance with prejudice to the institution of a subsequent matrimonial action based on any conduct which might have been the basis for an action prior to January 7, 1983 (Tucker v Tucker, 55 NY2d 378, 384, n 2).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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111 A.D.2d 146 (Appellate Division of the Supreme Court of New York, 1985)
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105 A.D.2d 782 (Appellate Division of the Supreme Court of New York, 1984)
Leites v. Leites
104 A.D.2d 342 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
455 N.E.2d 661, 60 N.Y.2d 672, 468 N.Y.S.2d 102, 1983 N.Y. LEXIS 3374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knobel-v-knobel-ny-1983.