Leeds v. Leeds

Appellate Division of the Supreme Court of New York

Leeds v. Leeds

94 A.D.2d 788, 463 N.Y.S.2d 38, 1983 N.Y. App. Div. LEXIS 18250

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

DecidedMay 31, 1983

StatusPublished

Cited by15 cases

This text of 94 A.D.2d 788 (Leeds v. Leeds) 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

Leeds v. Leeds, 94 A.D.2d 788, 463 N.Y.S.2d 38, 1983 N.Y. App. Div. LEXIS 18250 (N.Y. Ct. App. 1983).

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Opinion

— In a divorce action, defendant husband appeals from an order of the Supreme Court, Nassau County (Harwood, J.), entered June 14,1982, which denied his motion for reverse partial summary judgment in favor of the plaintiff wife. Order reversed, on the law, with costs, motion granted, judgment of divorce granted in favor of plaintiff and matter remitted to the Supreme Court, Nassau County, for disposition of all ancillary issues. In accordance with our holding in Rauch v Rauch (91 AD2d 407), reverse partial summary judgment is generally available in matrimonial actions where adequate proof is presented. In view of defendant’s unequivocal admission of his abandonment of plaintiff for a period in excess of one year, we conclude that such a remedy is warranted under the instant circumstances. Thompson, J. P., O’Connor, Brown, and Rubin, JJ., concur. [114 Misc 2d 555.]

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— In a divorce action, defendant husband appeals from an order of the Supreme Court, Nassau County (Harwood, J.), entered June 14,1982, which denied his motion for reverse partial summary judgment in favor of the plaintiff wife. Order reversed, on the law, with costs, motion granted, judgment of divorce granted in favor of plaintiff and matter remitted to the Supreme Court, Nassau County, for disposition of all ancillary issues. In accordance with our holding in Rauch v Rauch (91 AD2d 407), reverse partial summary judgment is generally available in matrimonial actions where adequate proof is presented. In view of defendant’s unequivocal admission of his abandonment of plaintiff for a period in excess of one year, we conclude that such a remedy is warranted under the instant circumstances. Thompson, J. P., O’Connor, Brown, and Rubin, JJ., concur. [114 Misc 2d 555.]

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Bluebook (online)

94 A.D.2d 788, 463 N.Y.S.2d 38, 1983 N.Y. App. Div. LEXIS 18250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leeds-v-leeds-nyappdiv-1983.

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