Denberg v. Frischman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
The issue is whether a former husband’s obligations under a separation agreement may be revived after the former wife’s remarriage, subsequently determined to be void because the second husband’s divorce from his first wife was nullified. The question arises in an action by the first husband for a declaratory judgment in which his motion for summary judgment pursuant to CPLR 3212 was denied. He appeals.
While CPLR 3212 (subd. [d]) forbids the granting of summary judgment to a plaintiff in matrimonial actions, this is not such an action. Plaintiff, the former husband, seeks a declaration and…
2Cases cited10 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Sleicher v. SleicherNew York Court of Appeals · 1929
- Gaines v. JacobsenNew York Court of Appeals · 1954
- Sefton v. SeftonCalifornia Supreme Court · 1955
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peters v. PetersSupreme Court of Iowa · 1974
- Campbell v. ThomasAppellate Division of the Supreme Court of the State of New York · 2010
- Lee v. LeeAppellate Division of the Supreme Court of the State of New York · 1983
- Berkely v. BerkelyCalifornia Court of Appeal · 1969
- Hodges v. HodgesCourt of Appeals of Arizona · 1978
8 more not listed; retrieve them via the Exa API.