Meccariello v. Meccariello, 46 A.D.3d 640 (N.Y. App. Div. 2007). · Go Syfert
Meccariello v. Meccariello, 46 A.D.3d 640 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
45 citation events (45 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (rule) Ostrower v. Ostrower
N.Y. App. Div. · 2017 · confidence medium
The factors to be considered in awarding maintenance include “the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995]; see Domestic Relations Law § 236 [B] [6] [a]; Heymann v Heymann, 102 AD3d 832, 834 [20…
discussed Cited as authority (rule) Horn v. Horn
N.Y. App. Div. · 2016 · confidence medium
The factors to consider in awarding maintenance include “the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995], citing Domestic Relations Law § 236 [B] [6] [a]; see Heymann v Heymann, 102 AD3d 832, 834 […
discussed Cited as authority (rule) Merrick v. Merrick
N.Y. App. Div. · 2015 · confidence medium
Ordered that the judgment is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provision thereof awarding the defendant maintenance in the sum of $8,500 per month for a period of eight years and substituting therefor a provision awarding the defendant maintenance in the sum of $10,000 per month for a period of 10 years; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determine…
discussed Cited as authority (rule) Dougherty v. Dougherty
N.Y. App. Div. · 2015 · confidence medium
Inasmuch as the Supreme Court properly considered the factors set forth in Domestic Relations Law § 236 (B) (6) (a), the award of maintenance was not improvident (see Marley v Marley, 106 AD3d 961, 962 [2013]; McCarthy v McCarthy, 57 AD3d at 1481-1482 ; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]).
discussed Cited as authority (rule) Sawin v. Sawin
N.Y. App. Div. · 2015 · confidence medium
Inasmuch as the court properly considered the factors set forth in Domestic Relations Law § 236 (B) (6) (a), the award of maintenance was not improvident (see Marley v Marley, 106 AD3d 961 , 962 *665 [2013]; McCarthy v McCarthy, 57 AD3d at 1481-1482 ; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]).
discussed Cited as authority (rule) Gordon v. Gordon
N.Y. App. Div. · 2014 · confidence medium
The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties (see Domestic Relations Law § 236 [B] [6] [a]; Meccariello v Meccariello, 46 AD3d 6…
discussed Cited as authority (rule) Gordon v. Gordon
N.Y. App. Div. · 2014 · confidence medium
The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties (see Domestic Relations Law § 236 [B] [6] [a]; Meccariello v Meccariello, 46 AD3d 6…
discussed Cited as authority (rule) Lucere v. Lucere
N.Y. App. Div. · 2013 · confidence medium
“The court may order maintenance in such amount as justice requires, considering, inter alia, the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995]; see Domestic Relations Law § 236 [B] [6] [a]; Meccarie…
discussed Cited as authority (rule) Lucere v. Lucere
N.Y. App. Div. · 2013 · confidence medium
“The court may order maintenance in such amount as justice requires, considering, inter alia, the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995]; see Domestic Relations Law § 236 [B] [6] [a]; Meccarie…
discussed Cited as authority (rule) Jaramillo v. Jaramillo
N.Y. App. Div. · 2013 · confidence medium
Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof directing the defendant to pay maintenance to the plaintiff in the sum of $2,000 per month; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a recalculation of the amount of the defendant’s maintenance obligation; in the interim, the defendant shall pay maintenance to the plaintiff in the sum of $500 per month. “[T]he amount and duration of maintenance …
discussed Cited as authority (rule) Jaramillo v. Jaramillo
N.Y. App. Div. · 2013 · confidence medium
Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof directing the defendant to pay maintenance to the plaintiff in the sum of $2,000 per month; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Richmond County, for a recalculation of the amount of the defendant’s maintenance obligation; in the interim, the defendant shall pay maintenance to the plaintiff in the sum of $500 per month. “[T]he amount and duration of maintenance …
discussed Cited as authority (rule) Signorile v. Signorile
N.Y. App. Div. · 2013 · confidence medium
Considering, among other factors, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, and the ability of the plaintiff to become self-supporting (see Domestic Relations Law § 236 [B] [6]; Kelly v Kelly, 69 AD3d 577, 578-579 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]), the Supreme Court providently exercised its discretion in denying the plaintiff an award of spousal maintenance (see Dellafiora v Dellafiora, 38 AD3d 825, 826 [2007]; Almeda v Hopper, 2 AD3d 471 [2003]).
discussed Cited as authority (rule) Williams v. Williams
N.Y. App. Div. · 2013 · confidence medium
Ordered that the judgment is affirmed insofar as appealed from, with costs. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Griggs v Griggs, 44 AD3d 710, 711 [2007] [internal quotation marks omitted]; see Giokas v Giokas, 73 AD3d 688, 688 [2010]; Baron v Baron, 71 AD3d 807, 809 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641 [2007]). “ ‘The court may order maintenance in such amount as justice requires, considering, inter alia, the standard of living of the partie…
discussed Cited as authority (rule) Signorile v. Signorile
N.Y. App. Div. · 2013 · confidence medium
Considering, among other factors, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, and the ability of the plaintiff to become self-supporting (see Domestic Relations Law § 236 [B] [6]; Kelly v Kelly, 69 AD3d 577, 578-579 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]), the Supreme Court providently exercised its discretion in denying the plaintiff an award of spousal maintenance (see Dellafiora v Dellafiora, 38 AD3d 825, 826 [2007]; Almeda v Hopper, 2 AD3d 471 [2003]).
discussed Cited as authority (rule) Williams v. Williams
N.Y. App. Div. · 2013 · confidence medium
Ordered that the judgment is affirmed insofar as appealed from, with costs. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Griggs v Griggs, 44 AD3d 710, 711 [2007] [internal quotation marks omitted]; see Giokas v Giokas, 73 AD3d 688, 688 [2010]; Baron v Baron, 71 AD3d 807, 809 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641 [2007]). “ ‘The court may order maintenance in such amount as justice requires, considering, inter alia, the standard of living of the partie…
discussed Cited as authority (rule) Haagen-Islami v. Islami
N.Y. App. Div. · 2012 · confidence medium
Corp., 100 AD2d 509 [1984]); and it is further, Ordered that the judgment is affirmed insofar as appealed from; and it is further, Ordered that one bill of costs is awarded to the defendant. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Griggs v Griggs, 44 AD3d 710, 711 [2007] [internal quotation marks omitted]; see Giokas v Giokas, 73 AD3d 688, 688-689 [2010]; Baron v Baron, 71 AD3d 807, 809 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641 [2007]). “ ‘The court …
discussed Cited as authority (rule) Haagen-Islami v. Islami
N.Y. App. Div. · 2012 · confidence medium
Corp., 100 AD2d 509 [1984]); and it is further, Ordered that the judgment is affirmed insofar as appealed from; and it is further, Ordered that one bill of costs is awarded to the defendant. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Griggs v Griggs, 44 AD3d 710, 711 [2007] [internal quotation marks omitted]; see Giokas v Giokas, 73 AD3d 688, 688-689 [2010]; Baron v Baron, 71 AD3d 807, 809 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641 [2007]). “ ‘The court …
discussed Cited as authority (rule) Pierre-Paul v. Boursiquot
N.Y. App. Div. · 2010 · confidence medium
The court must consider the factors enumerated in Domestic Relations Law § 236 (B) (6) (a), which include the predivorce standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, and the reduced or lost earning capacity of the party seeking maintenance (see Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Griggs v Griggs, 44 AD3d 710, 711-712 [2007]).
discussed Cited as authority (rule) Giokas v. Giokas
N.Y. App. Div. · 2010 · confidence medium
The Supreme Court must consider the factors enumerated in Domestic Relations Law § 236 (B) (6) (a), which include the predivorce standard of living of the parties, the income and property of the parties, the equitable distribution of marital property, the duration of the marriage, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, and the reduced or lost earning capacity of the party seeking maintenance (see Baron v Baron, 71 AD3d 807 [2010]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Griggs v Griggs, 44 AD3…
discussed Cited as authority (rule) Baron v. Baron
N.Y. App. Div. · 2010 · confidence medium
The court must consider the factors enumerated in Domestic Relations Law § 236 (B) (6) (a), which include the pre-divorce standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, and the reduced or lost earning capacity of the party seeking maintenance (see Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Griggs v Griggs, 44 AD3d at 711-712 ).
discussed Cited as authority (rule) Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty
N.Y. App. Div. · 2010 · confidence medium
Contrary to the appellant’s contention, the evidence of her incarceration did not, by itself, render so much of the complaint as sought a permanent injunction academic or warrant the dismissal of the complaint as to her (see generally Meccariello v Meccariello, 46 AD3d 640, 642 [2007]; see also CPLR 6301; Aetna Ins.
discussed Cited as authority (rule) Kelly v. Kelly
N.Y. App. Div. · 2010 · confidence medium
Considering, among other factors, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, and the ability of the plaintiff to become self-supporting (see Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Domestic Relations Law § 236 [B] [6]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]), the Supreme Court providently exercised its discretion in determining that the defendant’s obligation to pay the plaintiff maintenance should end on December 31, 2008.
discussed Cited as authority (rule) Davis v. Davis (2×)
N.Y. App. Div. · 2009 · confidence medium
The third is based on “constructive abandonment,” which has been routinely defined as the refusal by a defendant spouse to engage in sexual relations with the plaintiff spouse for one or more years prior to the commencement of the action, when such refusal is unjustified, willful, and continual, and despite repeated requests for the resumption of sexual relations (see Chellappan v Murugan, 62 AD3d 929 [2009]; Gulati v Gulati, 50 AD3d 1095, 1097 [2008]; Meccariello v Meccariello, 46 AD3d 640, 641 [2007]; Hathaway v Hathaway, 16 AD3d 458, 459 [2005]).
discussed Cited as authority (rule) McLoughlin v. McLoughlin
N.Y. App. Div. · 2009 · confidence medium
In determining the appropriate amount and duration of maintenance, the court must consider, among other factors, the standard of living of the parties, the income and property of the parties, the duration of the marriage, the health of the parties, and the present and future earning capacity of the parties (see Domestic Relations Law § 236 [B] [6] [a]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Griggs v Griggs, 44 AD3d 710, 711-712 [2007]).
discussed Cited as authority (rule) Chellappan v. Murugan
N.Y. App. Div. · 2009 · confidence medium
To establish a cause of action for a divorce on the ground of constructive abandonment, the plaintiff must establish that the defendant refused to engage in sexual relations for a period of one or more years prior to the commencement of the action, and that such refusal was unjustified, willful, and continued, despite repeated requests from the plaintiff for the resumption of sexual relations (see Gulati v Gulati, 50 AD3d 1095, 1097 [2008]; Meccariello v Meccariello, 46 AD3d 640, 641 [2007]; Hathaway v Hathaway, 16 AD3d 458, 459 [2005]).
discussed Cited as authority (rule) Blakey v. Blakey
N.Y. App. Div. · 2009 · confidence medium
Here, there is a sound and substantial basis in the record for the Supreme Court’s determination that the best interests of the child would be served by awarding the plaintiff custody. “ [Considering, among other factors, the standard of living of the parties during the marriage, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Mecc…
discussed Cited as authority (rule) Kriftcher v. Kriftcher
N.Y. App. Div. · 2009 · confidence medium
Considering, among other factors, the standard of living of the parties during the marriage, the distribution of marital property, the health of the parties, the present and future earning capacity of both parties, and the ability of the party seeking maintenance to become self-supporting (see Domestic Relations Law § 236 [B] [6]; DiBlasi v DiBlasi, 48 AD3d 403 [2008]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]), a maintenance award in the sum of $1,000 per week for 10 years is appropriate.
discussed Cited as authority (rule) Tarone v. Tarone
N.Y. App. Div. · 2009 · confidence medium
The court may order maintenance in such amount as justice requires, considering, among other factors, the standard of living of the parties during the marriage, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, and the ability of the party seeking maintenance to become self-supporting (see Domestic Relations Law § 236 [B] [6]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]).
discussed Cited "see" Heymann v. Heymann
N.Y. App. Div. · 2013 · signal: see · confidence high
The factors to consider in awarding maintenance include “the standard of living of the parties during the marriage, the income and property of the parties, the distribution of maritá property, the duration of the marriage, the health of the parties, Tie present and future earning capacity of both parties, the abili\ of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party see Xing maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995], citing Domestic Relations Law § 236 [B] [6] [a]; see Meccariello v Meccariello, 46 AD3d 640…
discussed Cited "see" Heymann v. Heymann
N.Y. App. Div. · 2013 · signal: see · confidence high
The factors to consider in awarding maintenance include “the standard of living of the parties during the marriage, the income and property of the parties, the distribution of maritá property, the duration of the marriage, the health of the parties, Tie present and future earning capacity of both parties, the abili\ of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party see Xing maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995], citing Domestic Relations Law § 236 [B] [6] [a]; see Meccariello v Meccariello, 46 AD3d 640…
discussed Cited "see" Scher v. Scher
N.Y. App. Div. · 2012 · signal: see · confidence high
“The court may order maintenance in such amount as justice requires, considering, inter alia, the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Kret v Kret, 222 AD2d 412, 412 [1995], citing Domestic Relations Law § 236 [B] [6] [a]; see M…
Retrieving the full opinion text from the archive…
Nunzio Meccariello
v.
Janet Meccariello
Appellate Division of the Supreme Court of the State of New York.
Dec 11, 2007.
46 A.D.3d 640
Cited by 37 opinions  |  Published

In an action for a divorce and ancillary relief, the defendant[*641] appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Sunshine, J.), dated April 11, 2006, as awarded the plaintiff a divorce on the grounds of cruel and inhuman treatment and constructive abandonment, awarded her maintenance in the sum of only $250 per week until the age of 65, awarded her only 25% of the 30% portion of the business that the plaintiff acquired in 1997, and permanently enjoined her from mailing any nonfinancial correspondence to the plaintiff.

Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision awarding the defendant 25% of the 30% portion of the business that the plaintiff acquired in 1997 and substituting therefor a provision awarding the defendant 40% of the 30% portion; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant’s contention, the plaintiff demonstrated, through his own testimony and the testimony of another witness, that the defendant’s behavior so adversely affected his physical and mental well being that it became improper for him to cohabit with her (see Rose v Rose, 18 AD3d 852, 853 [2005]; cf. Cauthers v Cauthers, 32 AD3d 880 [2006]). Accordingly, the Supreme Court properly granted the plaintiff a divorce on the ground of cruel and inhuman treatment. The plaintiff also established that the defendant constructively abandoned him by refusing to engage in sexual relations for more than a year (see Domestic Relations Law § 170). He proffered proof that such a refused was unjustified and willful, and continued despite his repeated requests (see Ostriker v Ostriker, 203 AD2d 343 [1994]; cf. Caprise v Caprise, 143 AD2d 968 [1988]).

The defendant contends that the Supreme Court improperly awarded her maintenance of a limited duration, as opposed to lifetime maintenance, and that the amount she was awarded was insufficient. However, the amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its unique facts (see Mazzone v Mazzone, 290 AD2d 495 [2002]; Liadis v Liadis, 207 AD2d 331 [1994]). The court may order maintenance in such amount as justice requires, considering, among other factors, the standard of living of the parties during the marriage, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime[*642] earning capacity of the party seeking maintenance (see Kret v Kret, 222 AD2d 412 [1995]). Taking these factors into consideration, the Supreme Court providently exercised its discretion in granting the defendant maintenance in the sum of $250 a week until she reached the age of 65.

The Supreme Court improvidently exercised its discretion in awarding the defendant only 25% of the 30% portion of the plaintiffs business that the plaintiff acquired in 1997 (see Domestic Relations Law § 236 [B] [5] [d] [6], [13]). Under the circumstances of this case, the defendant should have been awarded 40% of the 30% portion.

The Supreme Court correctly permanently enjoined the defendant from mailing any nonfinancial correspondence to the plaintiff, since the plaintiff demonstrated that he would suffer irreparable harm absent the injunction (cf. Icy Splash Food & Beverage, Inc. v Henckel, 14 AD3d 595, 596 [2005]; Kane v Walsh, 295 NY 198, 205-206 [1946]).

The defendant’s remaining contentions are without merit. Goldstein, J.E, Fisher, Garni and McCarthy, JJ., concur.