Legal Opinion
J.A.P. v. A.J.P.
New York Supreme Court
Decided February 2, 2017Published
1Opinion of the Court
OPINION OF THE COURT
Richard A. Dollinger, J.
Sometimes, the tables are turned in matrimonial litigation and a court, applying the usual rules, lands in a proverbial pickle with little guidance from prior judicial review. An unusual set of facts triggers that topsy-turvy dilemma in this instance.
In this matter, the wife commenced a divorce action on October 28, 2011, by filing a summons with notice. (CPLR 304 [a].) The wife was represented by counsel at the time. In December of that year, the wife left the marital residence. It is undisputed that the husband knew that an action for divorce had…
2Cases cited13 opinions
- Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
- Henderson v. HendersonNew York Court of Appeals · 1928
- Goldenberg v. Westchester County Health Care Corp.New York Court of Appeals · 2011
- Cadlerock Joint Venture, L.P. v. KierstedtAppellate Division of the Supreme Court of the State of New York · 2014
- Taveras v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
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