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MAYER v. MAYER

164 Misc.2d 320 (1995)

624 N.Y.S.2d 749

Joanne Mayer, Plaintiff, v. Erwin Mayer, Defendant.

Supreme Court, New York County.

March 6, 1995

Attorney(s) appearing for the Case

Cohen Goldstein & Silpe, L. L. P., New York City (Glenn S. Goldstein of counsel), for plaintiff. Morrison Cohen Singer & Weinstein, L. L. P., New York City (Jerome Tarnoff and C. Lawrence Grubman of counsel), for defendant.

DAVID B. SAXE, J.

The application now before me, made orally on the record and followed up with letter briefs by both sides, concerns the proper disposition of escrowed funds upon the death of a party to a divorce action.

It is hornbook law that a divorce action abates if one of the parties thereto dies prior to dissolution of the marriage (see, Kenzer v Kenzer, 144 A...

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