Sagnard v. Sagnard
| Citation | 365 N.Y.S.2d 692,80 Misc.2d 984 |
| Parties | Danuta SAGNARD, Plaintiff, v. Christian SAGNARD, Defendant (two cases). |
| Decision Date | 11 March 1975 |
| Court | United States State Supreme Court (New York) |
Leonard S. Clark, Glen Cove, Walter P. Zulkoski, of counsel, Nassau County Law Services Committee, Inc., for plaintiff.
Gassman & Silverman, Garden City, for defendant.
The parties to this action are husband and wife. On or about December 28, 1974, the plaintiff-wife simultaneously commenced two lawsuits against the defendant-husband.
In the first lawsuit the plaintiff-wife incorporated in her complaint alleged facts purportedly establishing five causes of action which relate to property constituting the marital residence, wherein she seeks judgment 1) to rescind, set aside and vacate a deed of May 7, 1971, whereby she and her husband conveyed their interest to the husband; 2) to compel the husband to convey an undivided one-half interest in the property to her; 3) to declare an undivided one-half interest in the property to be held by the defendant in constructive trust for the benefit of the plaintiff; 4) to declare a contract executed between the plaintiff and defendant on December 9, 1973, to constitute a lien on the property entitling the plaintiff to one-half the proceeds of the sale of said property, plus Sixteen Hundred Dollars out of defendant's one-half share of proceeds; and 5) to declare the existence of an equitable lien upon the property equal in amount to plaintiff's past and continuing contributions for mortgage, interest, tax and maintenance payments for said property.
The second action commenced by the plaintiff-wife is a matrimonial action. In her complaint she has alleged facts upon which she requests the Court to grant her judgment, a) for an absolute divorce decree; b) awarding her custody of the two minor children of the marriage; c) affording her exclusive possession of the marital residence; d) modifying an order of support issued by the Family Court; and e) directing the defendant-husband to pay her for monies expended by her for mortgage payments and improvements on the marital abode from January 17, 1973, to the present.
As is evidenced from the pleadings, Action No. 1 involves the question of title to real property between the parties, and Action No. 2 relates to a matrimonial action. Section 234 of the Domestic Relations Law states: 'In any action for divorce, for a separation, for an annulment, or to declare the nullity of a void marriage, the court may (1) determine any...
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Proceeding for Support Under Article 4 of Family Court Act, Matter of
...Court is so authorized in a matrimonial action, provided there exist questions regarding title to the property. (Sagnard v. Sagnard, 80 Misc.2d 984, 365 N.Y.S.2d 692, aff'd, 49 A.D.2d 751, 374 N.Y.S.2d 305; Dolphus v. Dolphus, 39 A.D.2d 829, 332 N.Y.S.2d 974; Domestic Relations Law, § 234, ......
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Krause v. Krause
...pendente lite affecting possession of real property where title to such property is at issue in a matrimonial action (Sagnard v. Sagnard, 80 Misc.2d 984, 365 N.Y.S.2d 692, affd. 49 A.D.2d 751, 374 N.Y.S.2d 305). Absent an abuse of discretion, such award should not be disturbed on appeal. Co......
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Pearl v. Berger, 2008 NY Slip Op 32656(U) (N.Y. Sup. Ct. 9/24/2008)
...§602(a), to consolidate this action with the divorce action for purposes of a joint trial is denied. Unlike in Sagnard v Sagnard, 80 Misc.2d 984 [Sup. Ct., Nass. Co., 1975], affd. 49 AD2d 751 [2nd Dept;1975]), upon which the defendant/third-party plaintiff relies, both spouses were not part......
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Sagnard v. Sagnard
...Stephen Gassman, Garden City, for respondent. Order of the Supreme Court, Nassau County, entered March 13, 1975, affirmed, 80 Misc.2d 984, 365 N.Y.S.2d 692, with $20 costs and disbursements. We find no improvident exercise of discretion by Special Term in granting the order appealed HOPKINS......