Knobel v. Knobel

Appellate Division of the Supreme Court of New York

Knobel v. Knobel

95 A.D.2d 845, 464 N.Y.S.2d 380, 1983 N.Y. App. Div. LEXIS 18787

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

DecidedJune 27, 1983

StatusPublished

Cited by2 cases

This text of 95 A.D.2d 845 (Knobel v. Knobel) 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

Knobel v. Knobel, 95 A.D.2d 845, 464 N.Y.S.2d 380, 1983 N.Y. App. Div. LEXIS 18787 (N.Y. Ct. App. 1983).

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Opinion

— In a matrimonial action, plaintiff appeals from an order of the Supreme Court, Nassau County (Vitale, J.), entered January 7, 1983, which denied her motion to discontinue the action with prejudice. Order reversed, on the law, with costs, motion granted and action discontinued, with prejudice to the institution of a subsequent matrimonial action based upon any conduct which might have been the basis for an action prior to January 7, 1983. Plaintiff’s motion for leave to discontinue her action, with prejudice, should have been granted upon the terms set forth herein, and the failure to do so constituted an abuse of discretion as a matter of law (Cogan v Cogan, 90 AD2d 491). Lazer, J. P., Mangano, Thompson and Gulotta, JJ., concur.

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— In a matrimonial action, plaintiff appeals from an order of the Supreme Court, Nassau County (Vitale, J.), entered January 7, 1983, which denied her motion to discontinue the action with prejudice. Order reversed, on the law, with costs, motion granted and action discontinued, with prejudice to the institution of a subsequent matrimonial action based upon any conduct which might have been the basis for an action prior to January 7, 1983. Plaintiff’s motion for leave to discontinue her action, with prejudice, should have been granted upon the terms set forth herein, and the failure to do so constituted an abuse of discretion as a matter of law (Cogan v Cogan, 90 AD2d 491). Lazer, J. P., Mangano, Thompson and Gulotta, JJ., concur.

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Bluebook (online)

95 A.D.2d 845, 464 N.Y.S.2d 380, 1983 N.Y. App. Div. LEXIS 18787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knobel-v-knobel-nyappdiv-1983.

Opinion

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