State/Prov.  : New York

Case name    : Charasz v. Rozenblum

Case #          : 2015 N.Y. Slip Op. 03798

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

Reviewed by : Laura W. Morgan

Main issue     : Abatement

Actions for divorce and ancillary relief brought by husband and wife did not abate upon the death of the husband, and thus executor of husband’s estate was properly substituted in actions; a right to equitable distribution asserted during a party’s lifetime survived the party’s death, and trial court had made the final adjudication of divorce before husband’s death but only had not performed the ministerial act of entering the final judgment.

Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website.