Legal Opinion
Orenstein v. Orenstein
Civil Court of the City of New York
Decided October 18, 1968PublishedCited by 4 opinions
1Opinion of the CourtLeonard L. Fine, J.
The primary and novel issue before the court is whether a separation agreement can serve as the proper basis for a motion for summary judgment in lieu of complaint under CPLR 3213. Such a motion may be brought “ when an action is based upon a judgment or instrument for the payment of money only ”.
Historically, there was no similar procedure in either the Civil Practice Act or in the Rules of Civil Practice, both predecessors of the CPLR. The relief available under the subject section was a pure creation of statutory enactment which became known as CPLR 3213, effective. September 1, 1963. To…
2Cases cited12 opinions
- Channel Excavators, Inc. v. Amato Trucking Corp.New York Supreme Court · 1965
- Louis Sherry Ice Cream Co. v. KroggelNew York Supreme Court · 1963
- Baker v. GundermannNew York Supreme Court · 1966
- Burnell v. Peoples Savings Bank of YonkersAppellate Terms of the Supreme Court of New York · 1967
- Guele v. ScaianoAppellate Terms of the Supreme Court of New York · 1968
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3Cited by4 opinions
- Istituto Per Lo Sviluppo Economico Dell' Italia Meridionale v. Sperti Products, Inc.District Court, S.D. New York · 1969
- All-O-Matic Manufacturing Corp. v. ShieldsNassau County District Court · 1969
- Wagner v. CornblumNew York Supreme Court · 1970
- Maldonado v. Man-Dell Food Stores, Inc.Civil Court of the City of New York · 1998