Legal Opinion
Bofinger v. Bofinger
New York Supreme Court
Decided January 26, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Oscar Murov, J.
This is a motion for an order dismissing an action commenced by a wife for a divorce on the ground that at the time said action was commenced there was another action pending between the two parties (CPLR 3211, subd [a], par 4). The wife submits that there should be a joint trial (CPLR 602, subd [a]).
The husband’s action was commenced on July 14, 1980, five days prior to the effective date of the new equitable distribution law (L 1980, ch 281). The summons served on the wife contained, on its face, the proper notice, reciting as grounds “cruel and inhuman…
2Cases cited11 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Kent Development Co. v. LiccioneNew York Court of Appeals · 1975
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Bass v. FranceAppellate Division of the Supreme Court of the State of New York · 1979
- Henderson v. HendersonAppellate Division of the Supreme Court of the State of New York · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wells v. WellsNew York Supreme Court · 1981
- A.C. v. D.R.New York Supreme Court · 2011
- Vivian Realty Co. v. Jillandrea Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1989
- Valladares v. ValladaresNew York Court of Appeals · 1982