Legal Opinion
Mesholam v. Mesholam
New York Court of Appeals
Decided June 26, 2008PublishedCited by 34 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
The question is whether in this case the commencement of a prior, discontinued divorce action may serve as the valuation date for marital property for purposes of equitable distribution in a later divorce action. We hold that it may not.
The parties were married in 1969. The wife commenced an action for divorce in 1994. The husband answered, but did not counterclaim for divorce. Five years later, following long and contentious pretrial proceedings, the wife moved for permission to discontinue the action. The husband opposed the motion, and cross-moved to amend his…
2Cases cited6 opinions
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Price v. PriceNew York Court of Appeals · 1986
- McSparron v. McSparronNew York Court of Appeals · 1995
- Olivo v. OlivoNew York Court of Appeals · 1993
- Anglin v. AnglinNew York Court of Appeals · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Scher v. ScherAppellate Division of the Supreme Court of the State of New York · 2012
- Biagiotti v. BiagiottiAppellate Division of the Supreme Court of the State of New York · 2012
- Commodity Futures Trading Commission v. WalshNew York Court of Appeals · 2011
- Kilkenny v. KilkennyAppellate Division of the Supreme Court of the State of New York · 2008
- Cusumano v. CusumanoAppellate Division of the Supreme Court of the State of New York · 2012
29 more not listed; retrieve them via the Exa API.