DeLyra v. DeLyra

OPINION OF THE COURT

Lawrence, J.

We reaffirm our earlier determination in Lobotsky v Lobotsky (122 AD2d 253, 254) that when a marriage is declared void, the property acquired during the parties’ purported marriage and before the commencement of the action is subject to equitable distribution.

I

The pertinent facts may be briefly stated.

The plaintiff was purportedly divorced from Raphael Palma, her first husband, on January 17, 1972, pursuant to a decree of the Dominican Republic. She then married her second husband, Wesley Brittain, whom she purportedly divorced on September 6, 1977, pursuant to…