Topic: claim that the real property is a marital asset subject to … · Go Syfert
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Topic #38268

3 canonical passages across 3 cases, quoted by 9 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from JOLLEY, BENJAMIN L. v. LANDO, AGOSTINHA R..

#Case FlagCanonical passage Citers
1 JOLLEY, BENJAMIN L. v. LANDO, AGOSTINHA R. Anchor
nyappdiv · 2012
green “claim that the real property is a marital asset subject to distribution does not, by itself, establish grounds for a notice of pendency' . . . , inasmuch as a claim for equitable distribution will not necessarily affect the title to, or possession, use or enjoyment of, the subje…” 3
2 Gabriel v. Prime
nyappdiv · 2006
green “under the well-established doctrine of merger, provisions in a contract for the sale of real estate merge into the deed and are thereby extinguished absent the parties' demonstrated intent that a provision shall survive transfer of title” 3
3 Pray v. Clinton County
nyappdiv · 2012
green “where, as here, 'the rights of the parties cannot be affected by the determination of the appeal,' the appeal must be dismissed as moot” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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