Newman v. Newman

Appellate Division of the Supreme Court of New York

Newman v. Newman

84 A.D.2d 746, 449 N.Y.S.2d 148, 1981 N.Y. App. Div. LEXIS 15914

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

DecidedNovember 2, 1981

StatusPublished

This text of 84 A.D.2d 746 (Newman v. Newman) 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

Newman v. Newman, 84 A.D.2d 746, 449 N.Y.S.2d 148, 1981 N.Y. App. Div. LEXIS 15914 (N.Y. Ct. App. 1981).

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Opinion

In a divorce action, the defendant husband appeals from so much of an order of the Supreme Court, Nassau County (Smith, J.), dated December 4, 1980, as granted plaintiff’s cross motion pursuant to CPLR 3217 (subd [b]), for leave to discontinue her action without prejudice. Order reversed insofar as appealed from, on the law with $50 costs and disbursements, and plaintiff’s cross motion is denied. Plaintiff sought leave to discontinue her action to enable her to commence a new action on the same grounds, governed by part B of section 236 of the Domestic Relations Law, which is applicable only to actions commenced on or after July 19, 1980 (see Domestic Relations Law, § 236). Therefore, her cross motion should have been denied (see Valladares v Valladares, 80 AD2d 244.) Cohalan, J. P., Margett, O’Connor and Thompson, JJ., concur.

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In a divorce action, the defendant husband appeals from so much of an order of the Supreme Court, Nassau County (Smith, J.), dated December 4, 1980, as granted plaintiff’s cross motion pursuant to CPLR 3217 (subd [b]), for leave to discontinue her action without prejudice. Order reversed insofar as appealed from, on the law with $50 costs and disbursements, and plaintiff’s cross motion is denied. Plaintiff sought leave to discontinue her action to enable her to commence a new action on the same grounds, governed by part B of section 236 of the Domestic Relations Law, which is applicable only to actions commenced on or after July 19, 1980 (see Domestic Relations Law, § 236). Therefore, her cross motion should have been denied (see Valladares v Valladares, 80 AD2d 244.) Cohalan, J. P., Margett, O’Connor and Thompson, JJ., concur.

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Bluebook (online)

84 A.D.2d 746, 449 N.Y.S.2d 148, 1981 N.Y. App. Div. LEXIS 15914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-newman-nyappdiv-1981.

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