Robert J. Musso v. Tanya Ostashko

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that “[a] spouse without legal title has no interest in marital property prior to obtaining a judgment creating such an interest”
• stating that “an equitable distribution award is similar to the imposition of a constructive trust”
• stating that “entry of the judgment is critical, under New York law, to cementing the spouse’s interest in the property” in relation to another creditor
• finding that at “no point prior to judgment does [DRL § 236] create any contingent or present vested interests, legal or equitable, by virtue of the parties’ marital status or prior to a judgment dissolving their union” (citation omitted)
• “‘Docketing’ occurs when the judgment is recorded by the clerk in books listing the surnames of judgment debtors alphabetically.”
• 11 U.S.C. § 544 gives bankruptcy trustee the rights of a hypothetical perfected judgment lien creditor as of date of bankruptcy petition and consent judgment was constructive fraudulent conveyance

Source: CourtListener parenthetical corpus (CC0).