Legal Opinion

Pignatelli v. Pignatelli

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1988PublishedCited by 1 opinion

1Opinion of the Court

— Order, Supreme Court, Bronx County (Jack Turret, J.), entered June 8, 1987, which, sua sponte, modified the judgment of divorce of said court entered September 8, 1986, to the extent of permitting appellant to purchase defendant-respondent’s share of the marital residence at present fair market value, unanimously reversed, on the law, without costs.

The court was without power to modify or amend the judgment of divorce in any substantive way "or limit the legal effect of it to meet some supposed equity called to its attention or subsequently arising” (Herpe v Herpe, 225 NY 323, 327 [1919];…

2Cases cited4 opinions

  1. Herpe v. . HerpeNew York Court of Appeals · 1919
  2. Baum v. BaumAppellate Division of the Supreme Court of the State of New York · 1972
  3. Reinfurt v. ReinfurtAppellate Division of the Supreme Court of the State of New York · 1979
  4. Pignatelli v. PignatelliNew York Supreme Court · 1987

3Cited by1 opinion

  1. Lewis v. LewisAppellate Division of the Supreme Court of the State of New York · 1993

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