NYLJ: N.Y. Court (A.D. 3rd Dept) Dissolves Civil Union in Ruling Grounded on ‘Equity’

N.Y. Court Dissolves Civil Union in Ruling Grounded on ‘Equity’ Free Registration Required

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We disagree with Supreme Court’s conclusion that, in the absence of any legislatively created mechanism in New York by which a court could grant the dissolution of a civil union entered into in another state, it was powerless to grant the requested relief. While plaintiff lacks a remedy at law, the dissolution of a civil union falls squarely within the scope of Supreme Court’s broad equity jurisdiction.

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In other words, even in the absence of any direct grant of legislative power, Supreme Court has the “inherent authority…to fashion whatever remedies are required for the resolution of justiciable disputes and the protection of the rights of citizens,” tempered only by our Constitution and statutes (Matter of AT&T Info. Sys. v. Donohue, 113 AD2d at 400 [internal quotation marks and citation omitted]).

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