Legal Opinion

Huber v. Huber

New York Supreme Court

Decided December 19, 1960PublishedCited by 15 opinions

1Opinion of the CourtBernard S. Meyer, J.

In this partition action both parties move for summary judgment. The parties were married in New York in 1946. In 1959, plaintiff wife took up residence in Florida and on May 11, 1960, was granted an absolute divorce in that State. The premises sought to be partitioned were acquired by the parties during marriage and held as tenants by the entirety. The Florida decree is presumed valid, notwithstanding that neither the complaint nor plaintiff’s moving papers allege that defendant was served in the Florida proceeding. (Cook v. Cook, 342 U. S. 126.) The rule of De France v. Oestrike (8 A D 2d…

2Cases cited47 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Williams v. North CarolinaSupreme Court of the United States · 1945
  3. Estin v. EstinSupreme Court of the United States · 1948
  4. Haddock v. HaddockSupreme Court of the United States · 1906
  5. Vanderbilt v. VanderbiltSupreme Court of the United States · 1957

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3Cited by15 opinions

  1. Anello v. AnelloAppellate Division of the Supreme Court of the State of New York · 1964
  2. Bank Itec N v. v. J. Henry Schroder Bank & Trust Co.District Court, S.D. New York · 1985
  3. Di Russo v. Di RussoNew York Supreme Court · 1968
  4. La Verne v. JackmanAppellate Court of Illinois · 1967
  5. Kraus v. HuelsmanNew York Supreme Court · 1967

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