Madden v. Madden

Appellate Division of the Supreme Court of New York

Madden v. Madden

78 A.D.2d 874, 433 N.Y.S.2d 30, 1980 N.Y. App. Div. LEXIS 13590

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

DecidedNovember 10, 1980

StatusPublished

Cited by1 cases

This text of 78 A.D.2d 874 (Madden v. Madden) 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

Madden v. Madden, 78 A.D.2d 874, 433 N.Y.S.2d 30, 1980 N.Y. App. Div. LEXIS 13590 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action for divorce, plaintiff appeals from an order of the Supreme Court, Westchester County, entered January 8, 1980, which granted defendant’s application for a change of venue from Bronx County to Westchester County. Order reversed, on the law, without costs or disbursements, and motion denied. Special Term erred in holding that CPLR 507 and Turner v Turner (84 Misc 2d 229) supported a change of venue. The court in Bronx County may clearly determine any question as to title or possession of real property arising incident to the matrimonial action,-notwithstanding that such property is located in Westchester County. (See Domestic Relations Law, § 234; Siegel, 1964 Practice Commentary, McKinney’s Cons Laws of NY, Book 14, Domestic Relations Law, § 234, 1979-1980 Pocket Part, p 8.) Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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In an action for divorce, plaintiff appeals from an order of the Supreme Court, Westchester County, entered January 8, 1980, which granted defendant’s application for a change of venue from Bronx County to Westchester County. Order reversed, on the law, without costs or disbursements, and motion denied. Special Term erred in holding that CPLR 507 and Turner v Turner (84 Misc 2d 229) supported a change of venue. The court in Bronx County may clearly determine any question as to title or possession of real property arising incident to the matrimonial action,-notwithstanding that such property is located in Westchester County. (See Domestic Relations Law, § 234; Siegel, 1964 Practice Commentary, McKinney’s Cons Laws of NY, Book 14, Domestic Relations Law, § 234, 1979-1980 Pocket Part, p 8.) Hopkins, J. P., Damiani, Titone and O’Connor, JJ., concur.

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Bluebook (online)

78 A.D.2d 874, 433 N.Y.S.2d 30, 1980 N.Y. App. Div. LEXIS 13590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-madden-nyappdiv-1980.

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