Bercholz v. Guaranty Trust Co. of New York

5 Citing cases

  1. Amsellem v. Amsellem

    189 Misc. 2d 27 (N.Y. Sup. Ct. 2001)

    "The existence and contents of a foreign law become a triable issue of fact when their contents are not set forth in detail, where their existence is disputed or where the accuracy of the translation of the same is raised." (Matter of Jenkins, 133 Misc 2d 420, 422 [Sup Ct, Queens County 1986]; see, Werfel v Zivnostenska Banka, 287 NY 91; Bercholz v Guaranty Trust Co., 179 Misc 778; Rosman v Trans World Airlines, 34 NY2d 385.) In this case the provisions of French law provided by the moving defendant do not set forth expressly, or by fair implication, that a marriage performed in France is null and void when only a religious marriage ceremony was conducted.

  2. Amsellem v. Amsellem

    189 Misc. 2d 27 (N.Y. Sup. Ct. 2001)

    "The existence and contents of a foreign law become a triable issue of fact when their contents are not set forth in detail, where their existence is disputed or where the accuracy of the translation of the same is raised." In the matter of Jenkins, 133 Misc.2d 420, 422 (Sup.Ct. Kings Cty. 1986); See, Werfel v. Zivnostenska Banka, 287 N.Y. 91; Bercholz v. Guaranty Trust Co., 179 Misc. 778; Rosman v.Trans World Airlines, 34 N.Y.2d 385. In this case the provisions of French Law provided by the moving defendant does not set forth expressly, or by fair implication, that a marriage performed in France is null and void when only a religious marriage ceremony was conducted.

  3. Matter of Jenkins

    133 Misc. 2d 420 (N.Y. Surr. Ct. 1986)   Cited 8 times
    In Matter of Jenkins, 133 Misc.2d 420, 420–21, 506 N.Y.S.2d 1009 (N.Y. Sur. 1986), the court was confronted with the question of whether the petitioner had a claim to the decedent's estate as the decedent's surviving spouse.

    The existence and contents of a foreign law become a triable issue of fact when their contents are not set forth in detail, where their existence is disputed or where the accuracy of the translation of the same is raised. (See, Werfel v Zivnostenska Banka, 287 N.Y. 91; Bercholz v Guaranty Trust Co., 179 Misc. 778; Rosman v Trans World Airlines, 34 N.Y.2d 385.) To determine whether the Israeli statutes in question provide for common-law marriage it is first necessary to define marriage as it is held to be in New York.

  4. Schwartz v. Schwartz

    190 Misc. 757 (N.Y. Sup. Ct. 1947)   Cited 5 times

    Whether the Arizona court had the power to amend the complaint and grant a judgment upon an entirely new cause of action after the complaint for divorce had been dismissed would appear to rest upon a careful presentation and interpretation of all the relevant facts pertaining to such amendment, also the pertinent foreign law with respect thereto. Such foreign law is considered a factual matter in our courts and summary judgment will be denied where the parties present issues as to such law ( Werfel v. Zivnostenska Banka, 287 N.Y. 91; Bercholz v. Guaranty Trust Co. of N.Y., 179 Misc. 778; Civ. Prac. Act, § 391). Nor do the provisions of section 344-a of the Civil Practice Act permitting our courts to take judicial notice of the law of foreign jurisdictions change the situation where there is an issue as to the law of such foreign jurisdiction ( Chappell v. Chappell, 186 Misc. 968).

  5. Bercholz v. Guaranty Trust Co. of N.Y

    180 Misc. 1043 (N.Y. Sup. Ct. 1943)

    This reargument again resulted in the denial of the plaintiff's application for summary judgment. ( Bercholz v. Guaranty Trust Co. of N.Y., 179 Misc. 778.) The present application for a second reargument is consented to by the defendant, but only under a new stipulation and agreement, dated June 29, 1943, which is submitted upon this reargument.