Angeloff v. Angeloff
Cases that cite this one
18 later published cases cite this decision.
- Manes v. Manes (Appellate Division of the Supreme Court of New York 2000)
- Nagi v. Ahmed (Appellate Division of the Supreme Court of New York 2022)
- Silver v. Starrett (New York Supreme Court 1998)
- Sheridan v. Sheridan (Appellate Division of the Supreme Court of New York 1994)
- Golding v. Golding (Appellate Division of the Supreme Court of New York 1992)
- Dayton v. Dayton (Appellate Division of the Supreme Court of New York 1991)
- Weinstock v. Weinstock (Appellate Division of the Supreme Court of New York 1990)
- Taft v. Taft (Appellate Division of the Supreme Court of New York 1989)
- Perl v. Perl (Appellate Division of the Supreme Court of New York 1987)
- Groper v. Groper (Appellate Division of the Supreme Court of New York 1987)
- Howard v. Howard (Appellate Division of the Supreme Court of New York 1987)
- Weinstock v. Weinstock (Appellate Division of the Supreme Court of New York 1986)
- Sheil v. Sheil (Appellate Division of the Supreme Court of New York 1985)
- Schisler v. Schisler (Appellate Division of the Supreme Court of New York 1984)
- Potvin v. Potvin (Appellate Division of the Supreme Court of New York 1983)
- Chambers v. Chambers (New York Supreme Court 1983)
- Santora v. Santora (Appellate Division of the Supreme Court of New York 1982)
- Russell v. Russell (Appellate Division of the Supreme Court of New York 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order modified, with costs to plaintiff, by denying defendant’s motion for partial summary judgment and, as so modified, affirmed. Although a separation agreement may be the basis of a conversion divorce even though substan *984 tial provisions of the agreement are unenforceable (Domestic Relations Law, § 170, subd [6]; Christian v Christian, 42 NY2d 63), such a divorce may not be granted if the agreement is void ab initio as the result of fraud, duress or incapacity. To hold otherwise would be to read out of subdivision (6) of section 170 the requirement that such a divorcé be based upon a separation agreement. The statute requires more than living separate and apart, for one year. Because the affidavits establish the existence of triable issues concerning the validity of the entire agreement, rather than simply a part of the agreement, there must be a trial.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.