Fritz v. Fritz

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before HOPKINS
• Citation: Fritz v. Fritz, 402 N.Y.S.2d 636, 61 A.D.2d 1007 (N.Y. App. Div. 1978)
• Decision Date: 13 March 1978
• Parties: Alice FRITZ, Respondent, v. Edward FRITZ, Appellant.

Page 636

402 N.Y.S.2d 636

61 A.D.2d 1007

Alice FRITZ, Respondent, v. Edward FRITZ, Appellant.

Supreme Court, Appellate Division, Second Department.

March 13, 1978.

Salvatore C. Gangi, Mineola, for appellant.

Michael E. Tockman, Hicksville, for respondent.

Before HOPKINS, J. P., and LATHAM, DAMIANI and TITONE, JJ.

MEMORANDUM BY THE COURT.

In a matrimonial action, the defendant appeals from a judgment of divorce of the Supreme Court, Nassau County, entered August 3, 1977.

Judgment modified, on the law, by deleting the eighth decretal paragraph thereof, which relates to the division of the proceeds of a certain joint savings account and a New York State income tax refund check. As so modified, judgment affirmed, without costs or disbursements, and action remanded to Special Term for a hearing to determine the rights of the respective parties to the property in question and for the entry of an appropriate amended judgment.

Pursuant to section 234 of the Domestic Relations Law, the court, in a divorce action, may determine "any question as to the title to property arising between the parties". Here, however, the...