Legal Opinion

O'CONNELL v. Corcoran

New York Court of Appeals

Decided November 20, 2003PublishedCited by 25 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

CIPARICK, J.

In 1959, plaintiff Maureen O’Connell and now-deceased John J. O’Connell were married in New York.1 Eight children were born of the marriage, all currently emancipated. In 1982, plaintiff moved out of the marital residence and commenced a New York divorce action based on cruel and inhuman treatment. After trial, Supreme Court dismissed the action for failure of proof and the Appellate Division affirmed (116 AD2d 823 [3d Dept 1986]). Thereafter, plaintiff and decedent continued to reside separately. The children lived with plaintiff, and decedent paid child…

2Cases cited11 opinions

  1. Vanderbilt v. VanderbiltSupreme Court of the United States · 1957
  2. Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Insurance Guaranty Ass'nSupreme Court of the United States · 1982
  3. Boronow v. BoronowNew York Court of Appeals · 1988
  4. Berlin Convalescent Center, Inc. v. StonemanSupreme Court of Vermont · 1992
  5. MATTER OF LUNA v. DobsonNew York Court of Appeals · 2001

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3Cited by25 opinions

  1. In Re the Estate of HunterNew York Court of Appeals · 2005
  2. People v. Applied Card Systems, Inc.New York Court of Appeals · 2008
  3. Xiao Yang Chen v. FischerNew York Court of Appeals · 2005
  4. Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co.Supreme Court of Pennsylvania · 2006
  5. Molinari v. TuthillAppellate Division of the Supreme Court of the State of New York · 2009

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