Legal Opinion

De Vries v. De Vries

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

Decided November 10, 1980PublishedCited by 1 opinion

1Opinion of the Court

In an action for a divorce based on subdivision (5) of section 170 of the Domestic Relations Law, plaintiff appeals from an order of the Supreme Court, Nassau County, dated July 11,1980, which denied his motion for summary judgment. Order reversed, on the law, without costs or disbursements, and motion granted. There is no triable issue as to plaintiff’s substantial performance of the terms and conditions of the judgment of separation (see Vitale v Vitale, 37 AD2d 963; Schacht v Schacht, 32 AD2d 201). Lazer, J. P., Gibbons, Gulotta and Cohalan, JJ., concur.

2Cases cited2 opinions

  1. Schacht v. SchachtAppellate Division of the Supreme Court of the State of New York · 1969
  2. Vitale v. VitaleAppellate Division of the Supreme Court of the State of New York · 1971

3Cited by1 opinion

  1. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1983