From Casetext: Smarter Legal Research

Keeney v. Keeney

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2002
297 A.D.2d 606 (N.Y. App. Div. 2002)

Opinion

1648

September 26, 2002.

Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about May 11, 2001, which, insofar as appealed from, rescinded a prior order of reference on the issue of plaintiff ex-husband's purported failure to produce certain "collectibles" for appraisal, as required by the parties' stipulation settling the instant divorce action, unanimously affirmed, without costs.

BONNIE E. RABIN, for plaintiff-respondent.

LELAND L. GREENE, for defendant-appellant.

Before: Mazzarelli, J.P., Andrias, Buckley, Sullivan, Lerner, JJ.


Although the ex-husband's motion was denominated as one to stay the hearing before the Special Referee rather than to reargue the prior order directing the hearing (CPLR 2221[d][1]), such circumstance does not warrant reversal since courts in any event have continuing jurisdiction to reconsider prior interlocutory orders (see Liss v. Trans Auto Sys., 68 N.Y.2d 15, 20). Upon reconsideration, the motion court properly rescinded the order of reference since, prior to the stipulation, the ex-husband produced a list of collectibles in his possession to which the ex-wife did not object, and the stipulation was based on the list. At the time of the stipulation, the ex-wife acknowledged before the court that she had discussed the terms of the stipulation with her attorneys and that, by agreeing to it, she was resolving all issues concerning the marriage. Thus, she cannot be heard to complain now that the list was incomplete.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Keeney v. Keeney

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2002
297 A.D.2d 606 (N.Y. App. Div. 2002)
Case details for

Keeney v. Keeney

Case Details

Full title:WILLIAM J. KEENEY, PLAINTIFF-RESPONDENT, v. JENNIFER CARLSON KEENEY…

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

Date published: Sep 26, 2002

Citations

297 A.D.2d 606 (N.Y. App. Div. 2002)
747 N.Y.S.2d 482

Citing Cases

Campaniello v. Green St. Holding Corp.

ORDERED that the portion of defendant's cross motion seeking to dismiss the first two causes of action is…

Broadway 36th Realty, LLC v. London

ORDERED that the motion of the plaintiff Broadway 36th Realty, LLC, pursuant to CPLR § 3212 for an order…