Legal Opinion
Cudar v. Cudar
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Leventhal, J.
The principal issue raised on this appeal is whether the subject former marital residence — a rental apartment subject to rent control — constitutes either marital or separate property pursuant to the Domestic Relations Law, or neither separate property nor marital property. For the reasons discussed below, we conclude that the leasehold constituting the former marital residence is not property distributable pursuant to Domestic Relations Law § 236 (B) (1). In addition, we are required to *29determine whether the Supreme Court has the authority to decide which…
2Cases cited17 opinions
- Price v. PriceNew York Court of Appeals · 1986
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- Xiao Yang Chen v. FischerNew York Court of Appeals · 2005
- Mesholam v. MesholamNew York Court of Appeals · 2008
- In re Aaron J.New York Court of Appeals · 1992
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