Lynch v. Benjamin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
Parties to an action for dissolution of a marriage are entitled to anticipate the final resolution of all issues relating to the marriage relationship without fragmentation and are obligated to litigate all issues affecting the marriage in that action (see Boronow v Boronow, 71 NY2d 284, 290-291 [1988]). Thus, important issues ancillary to the dissolution of the marriage, such as title to marital property, must be raised in the divorce proceeding, and if they could have been, but were not, raised they may not thereafter be raised in a separate action (id. at…
2Cases cited27 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Reilly v. ReidNew York Court of Appeals · 1978
- Norris v. CooperNew York Court of Appeals · 1984
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Reed v. AllenSupreme Court of the United States · 1932
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cooper v. BrucknerAppellate Division of the Supreme Court of the State of New York · 2005
- Denson v. Donald J. Trump for President, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Elul Diamonds Co. v. Z Kor Diamonds, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- In re the Arbitration between Chaindom Enterprises, Inc. & Furgang & Adwar, L.L.P.Appellate Division of the Supreme Court of the State of New York · 2004
- Ventur Group, LLC v. FinnertyAppellate Division of the Supreme Court of the State of New York · 2011
20 more not listed; retrieve them via the Exa API.