Hertzler v. Hertzler

OPINION OF THE COURT

Oscar Murov, J.

Plaintiff seeks an order restraining and enjoining defendant from disposing, encumbering or otherwise alienating any or all of defendant’s interest in the estate of his deceased father during the pendency of this matrimonial action which is governed by the new Equitable Distribution Law (L 1980, ch 281). The court denied plaintiff’s motion.

Several of my learned colleagues have been presented with the question whether to restrain the transfer of assets by one spouse during the pendency of a matrimonial action governed by the “new law”, and they have rendered…