New York Court of Appeals, 1983

Agati v. Agati

New York Court of Appeals · Decided June 7, 1983

59 N.Y.2d 830; 451 N.E.2d 490; 464 N.Y.S.2d 743; 1983 N.Y. LEXIS 3157

Cases that cite this one

22 later published cases cite this decision.

United States v. Schmitt (District Court, E.D. New York 1998)
Toobian v. Golzad (Appellate Division of the Supreme Court of New York 2021)
Nicol v. Nicol (Appellate Division of the Supreme Court of New York 2020)
Sui-Hsu Hsieh v. Yen-Tung Teng (Appellate Division of the Supreme Court of New York 2017)
Ferraro v. Janis (Appellate Division of the Supreme Court of New York 2009)
Kaufman v. Kehler (Appellate Division of the Supreme Court of New York 2004)
Chapin v. Chapin (Appellate Division of the Supreme Court of New York 2002)
Chapin v. Chapin (Appellate Division of the Supreme Court of New York 2002)
In re the Estate of Paternostro (New York Surrogate's Court 2002)
Welch v. Di Blasi (Appellate Division of the Supreme Court of New York 2001)
Comvest Consulting, Inc. v. W.R.S.B. Development Co. (Appellate Division of the Supreme Court of New York 1999)
Readco, Inc., R.D.P. Associates, Lan Associates Xii and Antonio Reale v. Marine Midland Bank Eagle Rock Holding, Inc., a New York Corp. (2d Cir. 1996)
Peck v. Peck (Appellate Division of the Supreme Court of New York 1996)
Haberman v. Haberman (Appellate Division of the Supreme Court of New York 1995)
Downer v. Downer (Appellate Division of the Supreme Court of New York 1993)
Andrews v. Dolan (Appellate Division of the Supreme Court of New York 1990)
Barringer v. Donahue (Appellate Division of the Supreme Court of New York 1990)
Eller v. Eller (Appellate Division of the Supreme Court of New York 1990)
Terjen v. Terjen (Appellate Division of the Supreme Court of New York 1988)
Bistricer v. Bistricer (District Court, E.D. New York 1987)
Thompson v. Lindblad (Appellate Division of the Supreme Court of New York 1986)
Pecorella v. Greater Buffalo Press, Inc. (Appellate Division of the Supreme Court of New York 1985)

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 of the Court

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), the order of the Appellate Division should be affirmed, with costs.

The weight of the evidence more nearly comports with the Appellate Division’s factual finding that petitioner did not waive his right to a deed to the former marital resi*832dence. Furthermore, we agree with the Appellate Division that the unclean hands doctrine does not bar petitioner’s application to enforce the real estate transfer provisions of the divorce judgment (see Weiss v Mayflower Doughnut Corp., 1 NY2d 310, 316).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.