Pavia v. Cohen

Appellate Division of the Supreme Court of New York

Pavia v. Cohen

80 A.D.2d 790, 438 N.Y.S.2d 468, 1981 N.Y. App. Div. LEXIS 10588

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

DecidedMarch 17, 1981

StatusPublished

This text of 80 A.D.2d 790 (Pavia v. Cohen) 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

Pavia v. Cohen, 80 A.D.2d 790, 438 N.Y.S.2d 468, 1981 N.Y. App. Div. LEXIS 10588 (N.Y. Ct. App. 1981).

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Opinion

Judgment, Supreme Court, New York County, entered June 3, 1980, granting defendant’s motion for summary judgment unanimously modified, on the law, without costs or disbursements, to declare that plaintiff is not entitled to one third of her brother’s net estate. The appeal from the order of said court entered on April 30, 1980 is dismissed, without costs, as having been subsumed in the appeal from the judgment. We agree with Special Term that the complaint is without merit. Inasmuch, however, as this is an action for a declaratory judgment, a declaration should have been made in defendant’s favor. (See National Assn, of Installment Cos. v Grant, 37 AD2d 955.) Concur — Birns, J. P., Sullivan, Ross, Markewich and Silverman, JJ.

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Judgment, Supreme Court, New York County, entered June 3, 1980, granting defendant’s motion for summary judgment unanimously modified, on the law, without costs or disbursements, to declare that plaintiff is not entitled to one third of her brother’s net estate. The appeal from the order of said court entered on April 30, 1980 is dismissed, without costs, as having been subsumed in the appeal from the judgment. We agree with Special Term that the complaint is without merit. Inasmuch, however, as this is an action for a declaratory judgment, a declaration should have been made in defendant’s favor. (See National Assn, of Installment Cos. v Grant, 37 AD2d 955.) Concur — Birns, J. P., Sullivan, Ross, Markewich and Silverman, JJ.

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Bluebook (online)

80 A.D.2d 790, 438 N.Y.S.2d 468, 1981 N.Y. App. Div. LEXIS 10588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pavia-v-cohen-nyappdiv-1981.

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