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Orsano v. Orsano

Supreme Court, Special Term, Nassau County
Apr 16, 1981
108 Misc. 2d 880 (N.Y. Sup. Ct. 1981)

Opinion

April 16, 1981

Charles F. Alario for plaintiff.

Stanley Lehrer for defendant.


Motion by defendant for a change of venue is denied. (Cf. Deleno v. Deleno, 61 A.D.2d 788.)

Plaintiff commenced this action in February of 1981 and designated Kings County as the place of trial. Defendant argues that since the action is governed by the so-called equitable distribution law and will necessarily involve title to the marital residence, venue should properly be in Nassau County where the residence is located. (See, generally, CPLR 507.) Since the enactment of section 234 Dom. Rel. of the Domestic Relations Law in 1962, the court in a matrimonial action has had the power to render decisions affecting title to real property. If such actions had to be brought in the county where the real property was located, the provision of section 234 Dom. Rel. of the Domestic Relations Law requiring that any judgment, order or decree affecting title to real property be recorded in the county where the property is located would appear anomalous. Moreover, many matrimonial actions under the equitable distribution law are likely to involve title to real property located in different counties. The further ground for a change of venue, the convenience of the four marital issue whom defendant claims she intends to call as witnesses, is equally lacking in merit.


Summaries of

Orsano v. Orsano

Supreme Court, Special Term, Nassau County
Apr 16, 1981
108 Misc. 2d 880 (N.Y. Sup. Ct. 1981)
Case details for

Orsano v. Orsano

Case Details

Full title:ANTHONY ORSANO, Plaintiff, v. GAIL ORSANO, Defendant

Court:Supreme Court, Special Term, Nassau County

Date published: Apr 16, 1981

Citations

108 Misc. 2d 880 (N.Y. Sup. Ct. 1981)
438 N.Y.S.2d 930

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