Kosse v. Kosse

Appellate Division of the Supreme Court of New York

Kosse v. Kosse

91 A.D.2d 1034, 458 N.Y.S.2d 627, 1983 N.Y. App. Div. LEXIS 16358

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

DecidedJanuary 24, 1983

StatusPublished

This text of 91 A.D.2d 1034 (Kosse v. Kosse) 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

Kosse v. Kosse, 91 A.D.2d 1034, 458 N.Y.S.2d 627, 1983 N.Y. App. Div. LEXIS 16358 (N.Y. Ct. App. 1983).

Pincite

Opinion

— In a divorce action, defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Vitale, J.), dated June 24, 1982, as transferred a related matrimonial action brought by defendant against the plaintiff wife in the Supreme Court, Queens County, to Nassau County, for a joint trial with the instant action, and directed that the wife’s action should be tried first. Order modified by deleting therefrom the provision which directed that the wife’s action should be tried first and substituting therefor a provision that the husband’s action is to be tried first. As so modified, order affirmed, insofar as appealed from, without costs or disbursements. Although Special Term did not abuse its discretion in transferring the Queens County action to Nassau County, the court erred in directing that the wife’s action be tried first. Under the circumstances, the husband’s action should be tried first since it was commenced first. Mollen, P. J., Damiani, Lazer and Mangano, JJ., concur.

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— In a divorce action, defendant husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Vitale, J.), dated June 24, 1982, as transferred a related matrimonial action brought by defendant against the plaintiff wife in the Supreme Court, Queens County, to Nassau County, for a joint trial with the instant action, and directed that the wife’s action should be tried first. Order modified by deleting therefrom the provision which directed that the wife’s action should be tried first and substituting therefor a provision that the husband’s action is to be tried first. As so modified, order affirmed, insofar as appealed from, without costs or disbursements. Although Special Term did not abuse its discretion in transferring the Queens County action to Nassau County, the court erred in directing that the wife’s action be tried first. Under the circumstances, the husband’s action should be tried first since it was commenced first. Mollen, P. J., Damiani, Lazer and Mangano, JJ., concur.

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Bluebook (online)

91 A.D.2d 1034, 458 N.Y.S.2d 627, 1983 N.Y. App. Div. LEXIS 16358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kosse-v-kosse-nyappdiv-1983.