Home/New York Court of Appeals/Sontag v. Sontag

Sontag v. Sontag

488 N.E.2d 1245, 66 N.Y.2d 554, 498 N.Y.S.2d 133, 1986 N.Y. LEXIS 21652
CourtNew York Court of Appeals
DecidedJanuary 16, 1986
StatusPublished
Cited by20 cases

This text of 488 N.E.2d 1245 (Sontag v. Sontag) 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
Sontag v. Sontag, 488 N.E.2d 1245, 66 N.Y.2d 554, 498 N.Y.S.2d 133, 1986 N.Y. LEXIS 21652 (N.Y. 1986).

Opinion

OPINION OF THE COURT

Per Curiam.

In this matrimonial action, plaintiff seeks leave to appeal from an order of the Appellate Division which unanimously affirmed an order of Supreme Court, Nassau County, which after granting defendant husband’s motion to enforce a stipulation entered into by the parties and incorporating the terms of the stipulation into the order, ordered that "all remaining issues in this litigation are hereby severed for the purposes of trial.”

An order which completely disposes of the claims of one party but leaves pending issues as to another party is final as to the former but not the latter (Cohen and Karger, Powers of the New York Court of Appeals § 20 [rev ed]). An order which finally adjudicates a cause of action which is unrelated to, and independent of, another cause of action in a complaint or counterclaim is final as to the former but not the latter. However, an order such as that in the present case which decides some issues of relief but leaves pending between the same parties other such issues would, in effect, divide a single cause of action and is, therefore, nonfinal (Le Mistral v Columbia Broadcasting Sys., 61 AD2d 491, appeal dismissed 46 NY2d 940; Cohen and Karger, op. cit. § 21, at 92).

The motion for leave to appeal should, therefore, be dismissed for nonfinality.

Judge Hancock, Jr., taking no part.

Motion for leave to appeal dismissed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gyabaah v. Rivlab Transportation Corp.
102 A.D.3d 451 (Appellate Division of the Supreme Court of New York, 2013)
Gutzmer v. Santini
60 A.D.3d 1295 (Appellate Division of the Supreme Court of New York, 2009)
Yerushalmi v. Abed Realty Corp.
58 A.D.3d 491 (Appellate Division of the Supreme Court of New York, 2009)
Mission of Saudia Arabia to the United Nations v. Kirkwood Ltd.
30 A.D.3d 1133 (Appellate Division of the Supreme Court of New York, 2006)
Tauber v. Bankers Trust Co.
735 N.E.2d 1286 (New York Court of Appeals, 2000)
Javarone v. Pallone
234 A.D.2d 814 (Appellate Division of the Supreme Court of New York, 1996)
SCP (Bermuda), Inc. v. Bermudatel, Ltd.
668 N.E.2d 414 (New York Court of Appeals, 1996)
Burke v. Crosson
647 N.E.2d 736 (New York Court of Appeals, 1995)
Heller v. State
611 N.E.2d 770 (New York Court of Appeals, 1993)
Campo v. Sontag (In Re Sontag)
151 B.R. 664 (E.D. New York, 1993)
2550 Olinville Avenue, Inc. v. Crotty
610 N.E.2d 384 (New York Court of Appeals, 1993)
Washo v. Washo
170 A.D.2d 827 (Appellate Division of the Supreme Court of New York, 1991)
Krupski v. Krupski
168 A.D.2d 942 (Appellate Division of the Supreme Court of New York, 1990)
Golfinopoulos v. Golfinopoulos
144 A.D.2d 537 (Appellate Division of the Supreme Court of New York, 1988)
Yuda v. Yuda
143 A.D.2d 657 (Appellate Division of the Supreme Court of New York, 1988)
Bossom v. Bossom
141 A.D.2d 794 (Appellate Division of the Supreme Court of New York, 1988)
Buys v. County of Nassau
133 A.D.2d 94 (Appellate Division of the Supreme Court of New York, 1987)
Popescu v. Comoletti
130 A.D.2d 724 (Appellate Division of the Supreme Court of New York, 1987)
Mr. Galvanized, Inc. v. B. S. Livingston & Co.
492 N.E.2d 789 (New York Court of Appeals, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
488 N.E.2d 1245, 66 N.Y.2d 554, 498 N.Y.S.2d 133, 1986 N.Y. LEXIS 21652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sontag-v-sontag-ny-1986.