Legal Opinion

Kowohl v. Roschko

District Court, E.D. New York

Decided May 11, 1987No. 86 CV 0642PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

PLATT, District Judge.

This is an action to enforce a pre-divorce agreement dividing the marital property of plaintiff and defendant. Plaintiff moves to dismiss defendant’s counterclaims for equitable distribution for lack of subject matter jurisdiction. Defendant cross-moves for leave to amend his answer to add a third counterclaim for partition of the marital home, the subject matter of the main complaint.

*911As we find that the subject matter of this suit, in its entirety, verges on the matrimonial area and that the parties may obtain a full and fair adjudication in the…

2Cases cited5 opinions

  1. Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
  2. Joseph Bossom v. Naomi Bossom and Stanley E. KooperCourt of Appeals for the Second Circuit · 1976
  3. Graning v. GraningDistrict Court, S.D. New York · 1976
  4. Petersen v. PetersenDistrict Court, S.D. New York · 1986
  5. Roschko v. RoschkoNew York Supreme Court · 1985

3Cited by1 opinion

  1. Johnston v. JohnstonDistrict Court, S.D. New York · 1987

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