McHALE v. LYNCH


48 A.D.2d 839 (1975)

William P. McHale, as Executor and Trustee of James B. Lynch, Deceased, Appellant, v. Pauline M. Lynch, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 2, 1975


Order-judgment reversed insofar as appealed from, with $20 costs and disbursements, and cross motion denied.

This court has previously held that where a spouse goes to a foreign jurisdiction and obtains a divorce and remarries, he is estopped from denying that the divorce has the same effect as a domestic divorce, and that partition may then be had with respect to real property owned by the spouses as tenants by the entirety prior to the divorce (Knight v Knight...

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