Legal Opinion

Herrington v. Herrington

Appellate Division of the Supreme Court of the State of New York

Decided April 2, 1981PublishedCited by 7 opinions

1Opinion of the Court

— Appeal from that part of an order of the County Court of Saratoga County, entered June 16, 1980, which denied plaintiff’s motion for summary judgment on her first cause of action. Approximately two months before their divorce, plaintiff and defendant executed a written separation agreement which was later incorporated into but not merged with the final degree of divorce. Plaintiff, in May of 1979, commenced this action seeking (1) partition of their former jointly owned marital home now owned by the parties as tenants in common and in which the husband resides, and (2) recovery of $7,105.60…

2Cases cited5 opinions

  1. Christian v. ChristianNew York Court of Appeals · 1977
  2. Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
  3. Ripp v. RippNew York Court of Appeals · 1973
  4. Chew v. . SheldonNew York Court of Appeals · 1915
  5. Buschmann v. McDermottAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by7 opinions

  1. Juliani v. JulianiAppellate Division of the Supreme Court of the State of New York · 1988
  2. Herrington v. HerringtonNew York Court of Appeals · 1982
  3. Leonardo v. LeonardoAppellate Division of the Supreme Court of the State of New York · 2002
  4. Rebh v. Lake George Ventures, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Ostrager v. AlbertAppellate Division of the Supreme Court of the State of New York · 1991

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