Legal Opinion
Johnson v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 2004PublishedCited by 2 opinions
1Opinion of the Court
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated March 6, 2003, which, in effect, granted the defendant’s oral application, made at the close of the plaintiffs case pursuant to CPLR 4401, for judgment as a matter of law dismissing the complaint.
Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, with costs, the application…
2Cases cited8 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Diemer v. DiemerNew York Court of Appeals · 1960
- Hernandez v. Two East End Avenue Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Aghnides v. AghnidesNew York Court of Appeals · 1955
- Casale v. CasaleAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by2 opinions
- Modica v. ModicaAppellate Division of the Supreme Court of the State of New York · 2005
- Gulati v. GulatiAppellate Division of the Supreme Court of the State of New York · 2009