Legal Opinion
Gasko v. Del Ventura
Appellate Division of the Supreme Court of the State of New York
Decided August 22, 1983PublishedCited by 7 opinions
1Opinion of the Court
— In an action for partition, plaintiff appeals from an order of the Supreme Court, Westchester County (Rosenblatt, J.), dated January 13,1983, which denied his motion for summary judgment. Order affirmed, with costs. Although a divorce converts a tenancy by the entirety to a tenancy in common {Stelz v Shreck, 128 NY 263) the ex-husband’s right to maintain an action for partition is subject to equitable considerations as between husband and wife (Ripp v Ripp, 38 AD2d 65, affd 32 NY2d 755 on opn of Hopkins, J.). Plaintiff, as judgment creditor of the ex-husband, and as recipient of a Sheriff’s…
2Cases cited4 opinions
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
- Bank of New York v. StaubleAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by7 opinions
- McNally v. McNallyAppellate Division of the Supreme Court of the State of New York · 1987
- Stressler v. StresslerAppellate Division of the Supreme Court of the State of New York · 1993
- AMEV Capital Corp. v. KirkAppellate Division of the Supreme Court of the State of New York · 1992
- Novak v. NovakNew York Supreme Court · 1987
- Padilla v. PadillaCivil Court of the City of New York · 1995
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