Legal Opinion

Plancher v. Plancher

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

Decided December 28, 1970PublishedCited by 19 opinions

1Opinion of the CourtHopkins, J.

Two principal questions emerge from these cross appeals in an action for divorce based on the separation of the parties for more than two years following a decree of separation (Domestic Relations Law, § 170, subd. [5]). First, whether the statute authorizing a divorce on that ground is constitutional in the face of the rights of the defendant as a tenant by the entirety of what had been the parties’ marital home. We hold that it is. Second, whether the plaintiff may obtain disclosure of the defendant’s finances prior to the trial. We hold that disclosure is proper.

The parties were married on…

2Cases cited7 opinions

  1. Bertles v. . NunanNew York Court of Appeals · 1883
  2. Stelz v. . ShreckNew York Court of Appeals · 1891
  3. In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915
  4. Hosford v. HosfordAppellate Division of the Supreme Court of the State of New York · 1948
  5. Yax v. YaxNew York Court of Appeals · 1925

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3Cited by19 opinions

  1. Valladares v. ValladaresAppellate Division of the Supreme Court of the State of New York · 1981
  2. Perse v. PerseAppellate Division of the Supreme Court of the State of New York · 1976
  3. Stolowitz v. StolowitzNew York Supreme Court · 1980
  4. Hoppl v. HopplAppellate Division of the Supreme Court of the State of New York · 1975
  5. Margulies v. MarguliesAppellate Division of the Supreme Court of the State of New York · 1976

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