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Swanson v. Swanson

420 N.E.2d 90, 52 N.Y.2d 1004, 438 N.Y.S.2d 292, 1981 N.Y. LEXIS 2237
CourtNew York Court of Appeals
DecidedFebruary 19, 1981
StatusPublished
Cited by4 cases

This text of 420 N.E.2d 90 (Swanson v. Swanson) 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
Swanson v. Swanson, 420 N.E.2d 90, 52 N.Y.2d 1004, 438 N.Y.S.2d 292, 1981 N.Y. LEXIS 2237 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the case remitted to Supreme Court, Suffolk County, for a hearing.

We agree with the Appellate Division that, on the record as it now stands, it was established that plaintiff was responsible for payment of the taxes at issue. However, since Supreme Court decided the. matter on a motion to dismiss, before plaintiff had an opportunity to put in her case, it was error to direct judgment for defendant. Plaintiff should be afforded an opportunity to present any proper proof that [1006]*1006would contradict defendant’s case. Accordingly, the matter should be remitted for that purpose.

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

Judgment appealed from and order of the Appellate Division brought up for review reversed, etc.

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Related

In re O'Rourke
98 A.D.3d 1120 (Appellate Division of the Supreme Court of New York, 2012)
Gargano v. V.C.&J. Construction Corp.
148 A.D.2d 417 (Appellate Division of the Supreme Court of New York, 1989)
Swanson v. Swanson
423 N.E.2d 819 (New York Court of Appeals, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
420 N.E.2d 90, 52 N.Y.2d 1004, 438 N.Y.S.2d 292, 1981 N.Y. LEXIS 2237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swanson-v-swanson-ny-1981.