Suib v. Suib

Appellate Division of the Supreme Court of New York

Suib v. Suib

195 A.D.2d 922, 602 N.Y.S.2d 562, 1993 N.Y. App. Div. LEXIS 7595

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

DecidedJuly 29, 1993

StatusPublished

This text of 195 A.D.2d 922 (Suib v. Suib) 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

Suib v. Suib, 195 A.D.2d 922, 602 N.Y.S.2d 562, 1993 N.Y. App. Div. LEXIS 7595 (N.Y. Ct. App. 1993).

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Opinion

Levine, J.

Appeal from a judgment of the Supreme Court (Bradley, J.) granting defendant a divorce, entered September 25, 1992 in Ulster County, upon a decision of the court.

In the procedural posture of this action at the time and in view of the then-unrefuted defense alleged in plaintiff’s reply to defendant’s second counterclaim for divorce, based upon the ground of living apart pursuant to a separation agreement, it was error for Supreme Court to have granted defendant judgment on that counterclaim (see, Matter of Fertig, 184 AD2d 1015).

Weiss, P. J., Yesawich Jr., Mercure and Mahoney, JJ., concur. Ordered that the judgment is reversed, on the law, without costs.

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Levine, J.

Appeal from a judgment of the Supreme Court (Bradley, J.) granting defendant a divorce, entered September 25, 1992 in Ulster County, upon a decision of the court.

In the procedural posture of this action at the time and in view of the then-unrefuted defense alleged in plaintiff’s reply to defendant’s second counterclaim for divorce, based upon the ground of living apart pursuant to a separation agreement, it was error for Supreme Court to have granted defendant judgment on that counterclaim (see, Matter of Fertig, 184 AD2d 1015).

Weiss, P. J., Yesawich Jr., Mercure and Mahoney, JJ., concur. Ordered that the judgment is reversed, on the law, without costs.

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Bluebook (online)

195 A.D.2d 922, 602 N.Y.S.2d 562, 1993 N.Y. App. Div. LEXIS 7595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suib-v-suib-nyappdiv-1993.

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