Legal Opinion

Bauer v. Bauer

New York Supreme Court

Decided December 5, 1958PublishedCited by 3 opinions

1Opinion of the CourtCortland A. Johnson, J.

In this action for a separation and to impress a trust upon property in the State of New York and in the State of Florida, the plaintiff husband moves for a temporary injunction to restrain the defendant from continuing with a divorce action which she instituted in Florida prior to the commencement of this action.

The defendant has cross-moved to dismiss the complaint on the ground that there is another action pending between the parties for the same cause and that the complaint fails to state a cause of action.

Defendant’s first objection is without merit both because the parties are reversed…

2Cases cited4 opinions

  1. General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
  2. Garvin v. GarvinNew York Court of Appeals · 1951
  3. General Investment Co. v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. McClellan v. SteywartNew York Supreme Court · 1939

3Cited by3 opinions

  1. Dominick v. DominickNew York Supreme Court · 1960
  2. Psaty v. PsatyNew York Supreme Court · 1978
  3. Rosenstiel v. RosenstielNew York Supreme Court · 1962

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