From Casetext: Smarter Legal Research

Martin v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 506 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

Appeal from the Supreme Court, Nassau County (Loewy, J.H.O.).


Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

We agree with the Supreme Court that Michele Martin is equitably estopped from seeking to redate the judgment of divorce nunc pro tunc, due to her knowing participation in a bigamous marriage. One may not profit by his or her own wrong (see, Riggs v. Palmer, 115 N.Y. 506).

We additionally find that Rose Martin submitted sufficient evidence with regard to her claim that Edward Martin fraudulently concealed his assets to warrant the reopening of the trial in order to accept further testimony regarding Edward Martin's interest in certain properties in Florida. Balletta, J.P., Copertino, Friedmann and Goldstein, JJ., concur.


Summaries of

Martin v. Martin

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 506 (N.Y. App. Div. 1994)
Case details for

Martin v. Martin

Case Details

Full title:EDWARD MARTIN, Plaintiff, v. ROSE MARTIN et al., Respondents, and MICHELE…

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 506 (N.Y. App. Div. 1994)
614 N.Y.S.2d 281

Citing Cases

Snyder v. PNC Bank, NA

Manning v Brown, 91 NY2d 116, 689 NE2d 1382, 667 NYS2d 336 (1997). Martin v Martin, 205 AD2d 506, 614 NYS2d…

Campbell v. Thomas

ford v Petromelis, 77 NY2d 713, 727) has been invoked to deny an individual who murders a family member the…