Garguilio v. Garguilio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a matrimonial action, the defendant wife appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated January 7, 1985, which denied her motion for summary judgment dismissing the complaint.
Order reversed, on the law, with costs, motion granted, and complaint dismissed.
In order to establish a cause of action for divorce on the basis of living separate and apart pursuant to a separation agreement for one or more years, the agreement must be "subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded” (Domestic…
2Cases cited6 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- Ferber v. Sterndent Corp.New York Court of Appeals · 1980
- Rogers v. . PellNew York Court of Appeals · 1898
- Cicerale v. CiceraleAppellate Division of the Supreme Court of the State of New York · 1976
- Speaker v. SpeakerNew York Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Weinstein v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 2007
- Garguilio v. GarguilioAppellate Division of the Supreme Court of the State of New York · 1990
- Hazell v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1996
- Garguilio v. GarguilioAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Estate of HenkenAppellate Division of the Supreme Court of the State of New York · 1989
8 more not listed; retrieve them via the Exa API.