Legal Opinion

Forbush v. Forbush

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

Decided November 15, 1985PublishedCited by 18 opinions

1Opinion of the Court

Order unanimously reversed, on the law, with costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The prospect of dismissal of the divorce action because of plaintiff’s failure of proof did not divest the court of jurisdiction to hear an application for modification of an allegedly deficient pendente lite award of maintenance and *336other relief. The fact that plaintiff announced that he would decline to submit proof on trial of his claim for the express purpose of divesting the court of jurisdiction and relegating…

2Cases cited15 opinions

  1. Brady v. BradyNew York Court of Appeals · 1985
  2. Rodgers v. RodgersAppellate Division of the Supreme Court of the State of New York · 1983
  3. George W. Collins, Inc. v. Olsker-McLain Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
  4. Blake v. BlakeAppellate Division of the Supreme Court of the State of New York · 1984
  5. Wright v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1974

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3Cited by18 opinions

  1. Post v. PostAppellate Division of the Supreme Court of the State of New York · 1988
  2. Gunn v. GunnAppellate Division of the Supreme Court of the State of New York · 1988
  3. Adinolfi v. AdinolfiAppellate Division of the Supreme Court of the State of New York · 1990
  4. Blisko v. BliskoAppellate Division of the Supreme Court of the State of New York · 1989
  5. Jamie R. v. ConsilvioAppellate Division of the Supreme Court of the State of New York · 2005

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