Legal Opinion
McDonald v. Driscoll
New York City Family Court
Decided February 29, 1980PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward J. McLaughlin, J.
When two persons enter into a land contract as tenants by the entirety, then, as the result of a divorce, one of the tenants is granted exclusive possession of the marital residence named in the land contract, that spouse, as a tenant in common, is entitled to the benefit of the contract. Both spouses have rights on the contract which cannot be extinguished by one or the other of them by independent action.
The issue now before the court is whether petitioner is entitled to the exclusive possession of the marital premises which was granted to her by…
2Cases cited8 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Hosford v. HosfordAppellate Division of the Supreme Court of the State of New York · 1948
- Sterlace v. SterlaceAppellate Division of the Supreme Court of the State of New York · 1976
- Seymour v. SeymourNew York Supreme Court · 1923
- Cole v. ColeNew York Supreme Court · 1908
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3Cited by2 opinions
- Campo v. Sontag (In Re Sontag)United States Bankruptcy Court, E.D. New York · 1993
- Kace Realty Co. v. New York State Division of Housing & Community RenewalNew York Supreme Court · 1988