TUCKER v. TUCKER


55 N.Y.2d 378 (1982)

Jeanette Tucker, Appellant-Respondent, v. Spencer Tucker, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1982.


Attorney(s) appearing for the Case

Kenneth Koopersmith, Alexander Potruch, Michael K. Feigenbaum and Bernard E. Stamler for appellant-respondent.

Joel R. Brandes for respondent-appellant.

Robert Abrams, Attorney-General (Robert J. Schack and Shirley Adelson Siegel of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.


JONES, J.

A plaintiff who has commenced a matrimonial action prior to the effective date of the "Equitable Distribution Law" may not discontinue that action for the purpose of instituting a second action after that date in order to obtain benefits under the broader provisions relating to distribution of marital property applicable in actions commenced after the statute became effective.

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