Estate of Agliata v. Agliata

OPINION OF THE COURT

Barbara Howe, J.

Defendant has moved for an order determining that this matrimonial action abated upon the death of the plaintiff husband, and dismissing the claim of plaintiff’s estate1 for equitable distribution of the parties’ property. A brief review of the history of this case is necessary before ruling on this motion.

I

This action was commenced by plaintiff in July 1984, and a trial on the issue of fault only was held in the late summer and fall, 1987. On February 4, 1988, this court (Sedita, J.) issued its decision granting plaintiff a divorce on the ground of cruel…