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Goldman v. Goldman

711 N.Y.S.2d 128 (2000)

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Goldman v. Goldman

New York Court of Appeals
711 N.Y.S.2d 128 (2000)

RW

Facts

Debra Goldman and her husband, Scott Goldman (plaintiff), owned their house as tenants by the entirety. Debra instituted divorce proceedings and retained Phyllis Gelman (defendant) as her divorce lawyer. Debra mortgaged the house to Gelman to secure payment of her legal fees. The divorce decree awarded Scott exclusive title to the house. Scott petitioned the divorce court to invalidate the mortgage on the grounds that the divorce converted the tenancy by the entirety to a tenancy in common. The divorce court granted Scott’s petition, and Gelman appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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