Ortiz v. Ortiz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: In this divorce action, the parties entered into an agreement that resolved all issues concerning equitable distribution except which party should be awarded exclusive use and possession of the marital residence. Defendant appeals from an order limiting his award of counsel fees to $500 and awarding exclusive use and possession of the residence to plaintiff. We agree with defendant that Supreme Court’s failure to rule on his application for maintenance is deemed a denial of that application (see, Brown v U.S. Vanadium Corp., 198 AD2d 863,…
2Cases cited6 opinions
- DeCabrera v. Cabrera-RoseteNew York Court of Appeals · 1987
- Brown v. U.S. Vanadium Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Ferlo v. FerloAppellate Division of the Supreme Court of the State of New York · 1989
- Maier v. MaierAppellate Division of the Supreme Court of the State of New York · 1994
- McLane v. McLaneAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by5 opinions
- DiFiore v. DiFioreAppellate Division of the Supreme Court of the State of New York · 2011
- Cuozzo v. CuozzoAppellate Division of the Supreme Court of the State of New York · 2003
- Hendershott v. HendershottAppellate Division of the Supreme Court of the State of New York · 2002
- DiFiore v. DiFioreAppellate Division of the Supreme Court of the State of New York · 2011
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2003