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GOLDMAN v. GOLDMAN

95 N.Y.2d 120 (2000)

733 N.E.2d 200

711 N.Y.S.2d 128

DEBRA GOLDMAN, Respondent, v. SCOTT GOLDMAN, Appellant, and PHYLLIS GELMAN, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided June 13, 2000.

Attorney(s) appearing for the Case

Davis and Davis, New City (Alden H. Wolfe of counsel), for appellant.

Gelman & Feinberg, New York City (Lindsay Nicely Feinberg of counsel), for intervenor-respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

At issue on this appeal is whether a mortgage taken on one spouse's interest in a tenancy by the entirety while a divorce action was pending survived after entry of a judgment of divorce and award of the property to the other spouse. We hold that it did.

On October 24, 1985, plaintiff Debra Goldman and her husband defendant Scott Goldman acquired a house as tenants by the entirety. In December 1990, plaintiff commenced...

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