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Isaacs v. Isaacs

Appellate Division of the Supreme Court of New York, First Department
May 13, 1993
193 A.D.2d 468 (N.Y. App. Div. 1993)

Opinion

May 13, 1993

Appeal from the Supreme Court, New York County (Elliott Wilk, J.).


As a matter of law, the petitioner at bar did not make a completed inter vivos gift of his interest in the marital cooperative apartment to his daughter-in-law, since there is no evidence that the petitioner acted to divest himself of dominion and control over the property (see, Gruen v Gruen, 68 N.Y.2d 48, 56-57). Nevertheless, the circumstances of the petitioner's attempt to evict his son's estranged wife and children from the marital home may well be inconsistent with the landlord's duty of good faith and fair dealing (see, 57 E. 54 Realty Corp. v Gay Nineties Realty Corp., 71 Misc.2d 353, 354). Additionally, there are factual issues raised by respondents' equitable defenses, including waiver and estoppel.

Concur — Carro, J.P., Milonas, Ellerin and Nardelli, JJ.


Summaries of

Isaacs v. Isaacs

Appellate Division of the Supreme Court of New York, First Department
May 13, 1993
193 A.D.2d 468 (N.Y. App. Div. 1993)
Case details for

Isaacs v. Isaacs

Case Details

Full title:JILL ISAACS, Plaintiff, v. CHARLES ISAACS, Defendant. (Action No. 1.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 13, 1993

Citations

193 A.D.2d 468 (N.Y. App. Div. 1993)
597 N.Y.S.2d 366

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