# Knight v. Knight

> Appellate Division of the Supreme Court of the State of New York · February 3, 1969 · 31 A.D.2d 267

URL: https://www.frixlaw.com/law-library/cases/5768375

## Case

- **Full name:** Gerald A. Knight v. Edward P. Knight
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 3, 1969
- **Citations:** 31 A.D.2d 267; 296 N.Y.S.2d 1007; 1969 N.Y. App. Div. LEXIS 4669
- **Precedential status:** Published
- **Opinion:** Concurrence by Benjamin
- **Judges:** Benjamin, Hopkies
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5768375

## Opinion text

Benjamin, J. (concurring).
I concur with the opinion of Mr. Justice Hopkins, which is based on the law as it now exists. However, I wish to express a hope that the Court of Appeals *273 will soon re-examine this question of estoppel (as expressed in Querze v. Querze, 290 N. Y. 13, 17-18 ) and restate the rule so as generally to bar the procurer of a foreign divorce from attacking it in order to defeat his new wife’s claim for support. Such restatement of the rule would not only be equitable but it could be rationally justified on the ground that the right of support is a property right readily separable from the marital status.
Christ, Acting P. J., Brennan and Mitndbr, JJ., concur with Hopkins, J.; Benjamin, J., concurs, with a separate memorandum.
Order of the Supreme Court, Queens County, dated November 29, 1967, affirmed, with $10 costs and disbursements.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5768375. Public record. Not legal advice.