Legal Opinion
Mercier v. Mercier
New York Supreme Court
Decided September 5, 1980PublishedCited by 2 opinions
1Opinion of the Court
*1030OPINION OF THE COURT
James H. Boomer, J.
In September, 1977, the husband commenced this divorce action. Within 20 days thereafter the wife answered and counterclaimed for divorce. By this motion under CPLR 3217 the wife seeks an order discontinuing her counterclaim. Concededly, the reason for the request is that the wife is confident she will defeat her husband’s action for a divorce and having done so she intends to reinstitute an action for divorce and thus take advantage of the equitable distribution provisions of the recent amendments to the Domestic Relations Law which became effective on…
2Cases cited17 opinions
- Gelbman v. GelbmanNew York Court of Appeals · 1969
- Shielcrawt v. MoffettNew York Court of Appeals · 1945
- Louis R. Shapiro, Inc. v. Milspemes Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Schneider v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1969
- Landsman v. LandsmanAppellate Division of the Supreme Court of the State of New York · 1951
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3Cited by2 opinions
- Valladares v. ValladaresAppellate Division of the Supreme Court of the State of New York · 1981
- Cheney v. ARIZ. SUPER. COURT FOR MARICOPA CTY.Arizona Supreme Court · 1985