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Pollack v. Pollack

439 N.E.2d 339, 56 N.Y.2d 968, 453 N.Y.S.2d 623, 1982 N.Y. LEXIS 3525
CourtNew York Court of Appeals
DecidedJune 17, 1982
StatusPublished
Cited by17 cases

This text of 439 N.E.2d 339 (Pollack v. Pollack) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pollack v. Pollack, 439 N.E.2d 339, 56 N.Y.2d 968, 453 N.Y.S.2d 623, 1982 N.Y. LEXIS 3525 (N.Y. 1982).

Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs, and the question certified answered in the affirmative. The Legislature has determined that the controlling factor with respect to the applicability of the Equitable Distribution Law (Domestic Relations Law, § 236, part B) to pre-existing causes of action is not the date on which issue was joined, or the possibility that the party may be the type of person the law was generally intended to benefit, but the date on which the action was commenced (Valladares v Valladares, 55 NY2d 388; Tucker v Tucker, 55 NY2d 378; Zuckerman v Zuckerman, 56 NY2d 636). In this case the action was commenced before the new law became effective and therefore the application for a voluntary discontinuance in order to avoid the legislative mandate must be denied (Tucker v Tucker, supra, pp 384-385).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)
439 N.E.2d 339, 56 N.Y.2d 968, 453 N.Y.S.2d 623, 1982 N.Y. LEXIS 3525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollack-v-pollack-ny-1982.