Jessup v. Weir
| Court | New York Supreme Court — Appellate Division |
| Citation | 562 N.Y.S.2d 552,168 A.D.2d 428 |
| Parties | Jeryl Dale JESSUP, Appellant, v. Edward WEIR, Respondent. |
| Decision Date | 03 December 1990 |
Page 552
v.
Edward WEIR, Respondent.
Second Department.
Victor F. Villacara, Patchogue (Benjamin D. Russo, of counsel), for appellant.
Cahn Wishod Wishod & Lamb, Melville (Robert H. Cohen, Jeffrey D. Malkan and Eve Green Koopersmith, of counsel), for respondent.
Before MANGANO, P.J., and BRACKEN, LAWRENCE and RITTER, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to set aside a deed and to impose a constructive trust with respect to certain real property, the plaintiff appeals (1) from a judgment of the Supreme Court, Suffolk County (Lama, J.), entered March 17, 1989, which, after a nonjury trial, dismissed the complaint, and (2) as limited by her brief, from so much of an order of the same court, dated May 10, 1989, as upon granting her motion, in effect, for reargument, adhered to its prior determination.
ORDERED that the appeal from the judgment entered March 17, 1989, is dismissed, as that judgment was superseded by the order dated May 10, 1989, made upon reargument; and it is further,
ORDERED that the order dated May 10, 1989, is affirmed insofar as appealed from; and it is further,
ORDERED that the respondent is awarded one bill of costs.
Edward Weir and Jeryl Dale were married on September 6, 1970, and had two children, born in 1971 and 1976, respectively. During the marriage they purchased real property for their marital residence which they owned as tenants by the entirety. The parties had marital problems, and in January 1982 Jeryl Weir informed her husband that she had fallen in love with another man and wanted a divorce. On March 12, [168 A.D.2d 429] 1982, Edward Weir commenced an action for divorce against his wife on the ground of constructive abandonment. On March 25, 1982, the parties entered into a separation agreement which provided in pertinent part:
"WHEREAS, the Parties acknowledge that an action for divorce has been instituted by the husband herein and the wife acknowledges and admits to receipt of service of a Summons and Complaint in said divorce action; and
"WHEREAS, the wife herein admits that she has no defense against the complaint stated in said Summons and Complaint, and * * *
"The parties agree to sell the marital residence at the earliest time possible for an amount agreed upon by both Parties * * * The balance of the funds from the sale of real estate shall be split equally at the...
To continue reading
Request your trial
-
Hulme v. Patchogue Motors, Inc.
...of Torts § 281[c]; Prosser and Keeton, Torts § 41 [5th ed]; PJI 2:70), strict products liability, or breach of warranty (see, e.g., [168 A.D.2d 428] Codling v. Paglia, 32 N.Y.2d 330, 345 N.Y.S.2d 461, 298 N.E.2d 622; Winckel v. Atlantic Rentals & Sales, 159 A.D.2d 124, 126, 557 N.Y.S.2d......
-
Finley v. Koller
...to the sum of $20,165.38 plus interest. We therefore remit for a hearing on the issue of the parties' intent (see, e.g., Jessup v. Weir, 168 A.D.2d 428, 562 N.Y.S.2d 552). We note that, in the event the court finds in favor of petitioner, it should provide the basis for the amount awarded O......
-
Hulme v. Patchogue Motors, Inc.
...of Torts § 281[c]; Prosser and Keeton, Torts § 41 [5th ed]; PJI 2:70), strict products liability, or breach of warranty (see, e.g., [168 A.D.2d 428] Codling v. Paglia, 32 N.Y.2d 330, 345 N.Y.S.2d 461, 298 N.E.2d 622; Winckel v. Atlantic Rentals & Sales, 159 A.D.2d 124, 126, 557 N.Y.S.2d 951......
-
Finley v. Koller
...to the sum of $20,165.38 plus interest. We therefore remit for a hearing on the issue of the parties' intent (see, e.g., Jessup v. Weir, 168 A.D.2d 428, 562 N.Y.S.2d 552). We note that, in the event the court finds in favor of petitioner, it should provide the basis for the amount awarded O......