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. www.famlawconsult.com