At page 786 This action for a divorce and ancillary relief arises from the termination of a 41-year marriage. During the course of the marriage, the defendant was the sole… · 12 citing cases
- Morales v. Carvajal, 153 A.D.3d 514 (N.Y. App. Div. 2017).Where, as here, the determination as to equitable distribution has been made after a nonjury trial, the evaluation of the credibility of the witnesses and the proffered items of evidence is committed to the sound discretion of the trial co…
- Bruzzese v. Bruzzese, 152 A.D.3d 563 (N.Y. App. Div. 2017).Upon consideration of each party’s credibility and the particular facts presented in this case, we perceive no basis for disturbing the Supreme Court’s equitable distribution award (see Fields v Fields, 15 NY3d 158, 161 [2010]; Franco v Fr…
- Matter of Ludewig v. Ludewig, 151 A.D.3d 726 (N.Y. App. Div. 2017).“In exercising its discretionary power to award counsel fees, a court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties’ pos…
- Tenaglia v. Tenaglia, 134 A.D.3d 801 (N.Y. App. Div. 2015).In exercising its discretionary power to award attorneys’ fees, a court should review the financial circumstances of both parties together with all other circumstances of the case, which may include the relative merit of the parties’ posit…
- Kerley v. Kerley, 131 A.D.3d 1124 (N.Y. App. Div. 2015).Thus, the Supreme Court did not err in awarding a greater share of the remaining marital assets to the plaintiff (see Burnett v Burnett, 101 AD3d 1417, 1419 [2012]; Franco v Franco, 97 AD3d 785, 786 [2012]; Kaur v Singh, 44 AD3d 622, 623 […
- Grabelsky v. Handler, 127 A.D.3d 1141 (N.Y. App. Div. 2015).Moreover, where, as here, “the determination as to equitable distribution has been made after a nonjury trial, the evaluation of the credibility of the witness and the proffered items of evidence is committed to the sound discretion of the…
- Aguirre v. Sabbeth, 126 A.D.3d 732 (N.Y. App. Div. 2015).Moreover, the Supreme Court’s award of $18,000 to the defendant for counsel fees in connection with this action, as well as the subsequent award of $2,570 to the defendant for counsel fees incurred in enforcing the plaintiffs obligations u…
- Hannan v. Hannan, 116 A.D.3d 660 (N.Y. App. Div. 2014). In addition, the Supreme Court providently exercised its discretion in awarding counsel fees to the plaintiff in the sum of $35,000 (see Franco v Franco, 97 AD3d 785, 786-787 [2012]; Litvak v Litvak, 63 AD3d at 693 ; Jayaram v Jayaram, 62…
- Christopher C. v. Bonnie C., 40 Misc. 3d 859 (N.Y. Sup. Ct. 2013).In exercising its discretion to award counsel fees, the court is mindful of the parties’ disparate financial circumstances as demonstrated throughout the trial and the circumstances of this case (Franco v Franco, 97 AD3d 785, 786-787 [2d D…
- Paulson v. Paulson, 107 A.D.3d 677 (N.Y. App. Div. 2013). Moreover, “[i]n exercising its discretionary power to award counsel fees, a court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the…
Show 2 more citing cases
- Bernard v. Bernard, 126 A.D.3d 658 (N.Y. App. Div. 2015).“Moreover, where, as here, the determination, as to equitable distribution has been made after a nonjury trial, the evaluation of the credibility of the witness [es] and the proffered items of evidence is committed to the sound discretion…
- Turco v. Turco, 117 A.D.3d 719 (N.Y. App. Div. 2014). “Moreover, where, as here, the determination as to equitable distribution has been made after a nonjury trial, the evaluation of the credibility of the witness and the proffered items of evidence is committed to the sound discretion of the…
At page 787 “in exercising its discretionary power to award counsel fees, a court should review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties' positions, as well as the tactics of a party in unnecessarily pr…” · 1 citing case
- Castello v. Castello, 144 A.D.3d 729 (N.Y. App. Div. 2016).Contrary to the defendant’s contention, the award of counsel fees was a provident exercise of discretion in light of the fact that the plaintiff was compelled to make a motion to enforce the terms of the parties’ judgment of divorce, and t…
Other citing cases
- Nerayoff v. Rokhsar, 2019 NY Slip Op 607 (N.Y. App. Div. 2019).
- Maddaloni v. Maddaloni, 2018 NY Slip Op 5295 (N.Y. App. Div. 2018).
v.
Sauveur Franco, Appellant-Respondent
[*786] This action for a divorce and ancillary relief arises from the termination of a 41-year marriage. During the course of the marriage, the defendant was the sole source of financial support for the plaintiff and their three children (now emancipated), while the plaintiff, who never worked outside of the home, took care of the marital home and the parties’ children. Also during the course of the marriage, the parties acquired a number of commercial properties and business interests, as well as significant liquid assets, which were equitably distributed between the parties by the Supreme Court following a nonjury trial. The plaintiff’s distributive award was valued at $3,032,226 and consisted largely of the liquid assets, and the defendant’s award was valued at $2,700,000, consisting largely of rental income-producing property, prior to various adjustments.
“While the distribution of marital property must be equitable, there is no requirement that the assets be split evenly” (Giokas v Giokas, 73 AD3d 688, 689 [2010]; see DeSouza-Brown v Brown, 71 AD3d 946 [2010]; Arrigo v Arrigo, 38 AD3d 807 [2007]). “A trial court is vested with broad discretion in making an equitable distribution of marital property, and ‘unless it can be shown that the court improvidently exercised that discretion, its determination should not be disturbed’ ” (Schwartz v Schwartz, 67 AD3d 989, 990 [2009], quoting Saleh v Saleh, 40 AD3d 617, 617-618 [2007]; see Sebag v Sebag, 294 AD2d 560 [2002]). Moreover, where, as here, the determination as to equitable distribution has been made after a nonjury trial, the trial court’s assessment of the credibility of witnesses is afforded weight on appeal (see Schwartz v Schwartz, 67 AD3d at 990; Jones-Bertrand v Bertrand, 59 AD 3d 391 [2009]; Grasso v Grasso, 47 AD3d 762, 764 [2008]; Antes v Antes, 304 AD2d 597, 597-598 [2003]). Here, there is no basis to disturb the Supreme Court’s determinations regarding the equitable distribution of the parties’ property.
In exercising its discretionary power to award counsel fees, a court should review the financial circumstances of both parties[*787] together with all the other circumstances of the case, which may include the relative merit of the parties’ positions, as well as the tactics of a party in unnecessarily prolonging the litigation (see DeCabrera v Cabrera-Rosete, 70 NY2d 879, 881 [1987]; Powers v Wilson, 56 AD3d 639, 641 [2008]; Prichep v Prichep, 52 AD3d 61, 64 [2008]). Under the circumstances of this case, the Supreme Court’s award of counsel fees to the plaintiff, including appellate counsel fees to defend against the defendant’s appeal and counsel fees to enforce the defendant’s obligations under the divorce judgment, were a provident exercise of discretion (see Domestic Relations Law §§ 237, 238; Fields v Fields, 82 AD3d 542, 542-543 [2011]; D'Anna v D'Anna, 17 AD3d 400, 402 [2005]; Levy v Levy, 4 AD3d 398 [2004]).
The defendant’s remaining contentions are without merit. Mastro, A.P.J., Balkin, Sgroi and Cohen, JJ., concur.