Schaerr v. Schaerr

Appellate Division of the Supreme Court of New York

Schaerr v. Schaerr

38 A.D.2d 581, 328 N.Y.S.2d 620, 1971 N.Y. App. Div. LEXIS 2733

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

DecidedDecember 13, 1971

StatusPublished

Cited by1 cases

This text of 38 A.D.2d 581 (Schaerr v. Schaerr) 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

Schaerr v. Schaerr, 38 A.D.2d 581, 328 N.Y.S.2d 620, 1971 N.Y. App. Div. LEXIS 2733 (N.Y. Ct. App. 1971).

Pincite

Opinion

In an action for partition, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered June 4, 1971, which granted defendant’s motion for summary judgment dismissing the complaint. Order affirmed, without costs, and with leave to plaintiff to move, within a reasonable time, for modification of the judgment of divorce so as to grant him the right to institute an action for partition and with further leave to plaintiff, if such right be granted, to move at Special Term, within a reasonable time, to vacate the order under review and for permission to serve a supplemental complaint in this action (see Ripp v. Ripp, 38 A D 2d 65). Hopkins, Acting P. J., Shapiro, Gulotta, Christ and Benjamin JJ., concur.

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In an action for partition, plaintiff appeals from an order of the Supreme Court, Suffolk County, entered June 4, 1971, which granted defendant’s motion for summary judgment dismissing the complaint. Order affirmed, without costs, and with leave to plaintiff to move, within a reasonable time, for modification of the judgment of divorce so as to grant him the right to institute an action for partition and with further leave to plaintiff, if such right be granted, to move at Special Term, within a reasonable time, to vacate the order under review and for permission to serve a supplemental complaint in this action (see Ripp v. Ripp, 38 A D 2d 65). Hopkins, Acting P. J., Shapiro, Gulotta, Christ and Benjamin JJ., concur.

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Bluebook (online)

38 A.D.2d 581, 328 N.Y.S.2d 620, 1971 N.Y. App. Div. LEXIS 2733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaerr-v-schaerr-nyappdiv-1971.

Opinion

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