Legal Opinion

Goldman v. Goldman

New York Court of Appeals

Decided June 13, 2000PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

At issue on this appeal is whether a mortgage taken on one spouse’s interest in a tenancy by the entirety while a divorce action was pending survived after entry of a judgment of divorce and award of the property to the other spouse. We hold that it did.

On October 24, 1985, plaintiff Debra Goldman and her husband defendant Scott Goldman acquired a house as tenants by the entirety. In December 1990, plaintiff commenced an action for divorce. After commencement of the action, but before entry of judgment, plaintiff gave her attorney, Phyllis Gelman, a $50,000…

2Cases cited5 opinions

  1. Kahn v. KahnNew York Court of Appeals · 1977
  2. V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
  3. Stewart v. StewartAppellate Division of the Supreme Court of the State of New York · 1986
  4. Neilitz v. NeilitzNew York Court of Appeals · 1954
  5. Kline v. PaneNew York Court of Appeals · 1956

3Cited by24 opinions

  1. People v. GlandaAppellate Division of the Supreme Court of the State of New York · 2004
  2. In Re LevinsonUnited States Bankruptcy Court, E.D. New York · 2007
  3. Pando v. TapiaAppellate Division of the Supreme Court of the State of New York · 2010
  4. Darling v. DarlingNew York Supreme Court · 2008
  5. Rose v. LevineAppellate Division of the Supreme Court of the State of New York · 2013

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