Lipsky v. Lipsky, 276 A.D.2d 753 (N.Y. App. Div. 2000). · Go Syfert
Lipsky v. Lipsky, 276 A.D.2d 753 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 3 distinct courts.
Strongest positive: Wen Wen Sun v. Ti Zhou (nyappdiv, 2025-11-12)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Wen Wen Sun v. Ti Zhou
N.Y. App. Div. · 2025 · confidence medium
Here, contrary to the defendant's contention, the Supreme Court providently exercised its discretion in valuing the defendant's interest in Ruyi Capital at the sum of $607,000 as of the commencement date of this action for purposes of equitable distribution, rather than using a near-trial value for Ruyi Capital of $0 ( see id. at 658-660; Kurtz v Kurtz , 1 AD3d 214, 215; Lipsky v Lipsky , 276 AD2d 753, 754).
discussed Cited as authority (rule) O'Donnell v. O'Donnell
N.Y. App. Div. · 2017 · confidence medium
The general rule in matrimonial actions is that the determination of whether to award prejudgment interest is a discretionary-determination with the trial court (see Pappas v Pappas, 140 AD3d 838, 840 [2016]; Lipsky v Lipsky, 276 AD2d 753, 754 [2000]; Morton v Morton, 130 AD2d 558, 560 [1987]).
discussed Cited as authority (rule) Fori v. Fori
N.Y. App. Div. · 2016 · confidence medium
Rather, the decision to award prejudgment interest in a matrimonial action, as well as the rate and date from which it shall be computed, are matters within the sound discretion of the trial court (see Pappas v Pappas, 140 AD3d 838, 840 [2016]; Wyser-Pratte v Wyser-Pratte, 68 AD3d 624, 626 [2009]; Lipsky v Lipsky, 276 AD2d 753, 754 [2000]; Selinger v Selinger, 250 AD2d 752, 753 [1998], lv dismissed and denied 92 NY2d 891 [1998]).
discussed Cited as authority (rule) Baron v. Baron
N.Y. App. Div. · 2010 · confidence medium
Additionally, an award of prejudgment interest is appropriate where, as here, the defendant, in failing to provide certain financial documents and falsely claiming to have transferred 49% of his business to a third party, attempted to conceal the valuation of the business and prolonged the litigation (see Lipsky v Lipsky, 276 AD2d 753, 754 [2000]).
discussed Cited as authority (rule) In Re Aube
N.H. · 2009 · confidence medium
App. 1991) (counsel fee reduced to monetary judgment in 1985 divorce decree was a judgment for the purposes of statutory post-judgment interest); Karellas v. Karellas, 766 N.E.2d 102, 103-05 (Mass. App. Ct.) (1996 divorce decree ordering husband to pay wife $100,000 was a judgment for the payment of money, which bore interest from the date of its entry until it was paid in full), review denied, 772 N.E.2d 588 (Mass. 2002); Riley v. Riley, 385 N.W.2d 883, 888 (Minn. Ct. App. 1986) (wife entitled to statutory post-judgment interest on sum husband was required to pay her under divorce decree wher…
discussed Cited as authority (rule) Schwartz v. Schwartz
N.Y. App. Div. · 2008 · signal: cf. · confidence medium
Contrary to the wife’s contention, it was not an improvident exercise of discretion for the Supreme Court not to award her prejudgment interest on her share of the husband’s interest in his law practice, as there is no evidence of misconduct by the husband that deprived her of her use or share of marital property (see Haymes v Haymes, 298 AD2d 117, 118 [2002]; cf. Lipsky v Lipsky, 276 AD2d 753, 754 [2000]).
discussed Cited as authority (rule) Schwartz v. Schwartz
N.Y. App. Div. · 2008 · signal: cf. · confidence medium
Contrary to the wife’s contention, it was not an improvident exercise of discretion for the Supreme Court not to award her prejudgment interest on her share of the husband’s interest in his law practice, as there is no evidence of misconduct by the husband that deprived her of her use or share of marital property (see Haymes v Haymes, 298 AD2d 117, 118 [2002]; cf. Lipsky v Lipsky, 276 AD2d 753, 754 [2000]).
discussed Cited as authority (rule) Schwartz v. Schwartz
N.Y. App. Div. · 2007 · signal: cf. · confidence medium
Contrary to the wife’s contention, it was not an improvident exercise of discretion for the Supreme Court not to award her prejudgment interest on her share of the husband’s interest in his law practice, as there is no evidence of misconduct by the husband that deprived her of her use or share of marital property (see Haymes v Haymes, 298 AD2d 117, 118 [2002]; cf. Lipsky v Lipsky, 276 AD2d 753, 754 [2000]).
discussed Cited as authority (rule) Saslow v. Saslow
N.Y. App. Div. · 2007 · confidence medium
Contrary to the defendant’s contention, the court providently exercised its discretion in denying his application for prejudgment interest on a distributive award (see Miklos v Miklos, 9 AD3d 397 [2004]; Gold v Gold, 276 AD2d 587 [2000]; Lipsky v Lipsky, 276 AD2d 753, 754 [2000]).
cited Cited as authority (rule) Bennett v. Bennett
N.Y. App. Div. · 2004 · confidence medium
Additionally, defendant was properly awarded interest on the distributive award to be paid to her (see Lipsky v Lipsky, 276 AD2d 753, 754 [2000]; Greenberg v Greenberg, 269 AD2d 354, 355 [2000]).
discussed Cited "see, e.g." Pappas v. Pappas
N.Y. App. Div. · 2016 · signal: see also · confidence low
While an award of prejudgment interest is within the sound discretion of the trial court (see CPLR 5001 [a]; see also Lipsky v Lipsky, 276 AD2d 753 [2000]; Selinger v Selinger, 250 AD2d 752 [1998]; Trivedi v Trivedi, 222 AD2d 499 [1995]; Largiader v Largiader, 151 AD2d 724 [1989]), under the circumstances here, prejudgment interest should not have been awarded.
discussed Cited "see, e.g." Pappas v. Pappas
N.Y. App. Div. · 2015 · signal: see also · confidence low
While an award of prejudgment interest on a distributive award is within the sound discretion of the trial court (see CPLR 5001 [a]; see also Lipsky v Lipsky, 276 AD2d 753 [2000]; Selinger v Selinger, 250 AD2d 752 [1998]; Trivedi v Trivedi, 222 AD2d 499 [1995]; Largiader v Largiader, 151 AD2d 724 [1989]), under the circumstances here, prejudgment interest on the distributive award should not have been awarded.
Retrieving the full opinion text from the archive…
Cynthia Lipsky
v.
William Lipsky
Appellate Division of the Supreme Court of the State of New York.
Oct 30, 2000.
276 A.D.2d 753
2000 N.Y. App. Div. LEXIS 10987
Cited by 23 opinions  |  Published

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of a judgment of the Supreme Court, Queens County (Satterfield, J.), dated September 30, 1999, which, after a nonjury trial, inter alia, (1) awarded the plaintiff a distributive award in the sum of $300,000 representing 50% of the defendant’s enhanced earning capacity and 10% of the value of his medical practice, (2) directed him to pay the distributive award either in one lump sum or in equal installments over three years, (3) awarded prejudgment interest on the distributive award at the rate of 9% from the date of commencement of the action, and (4) awarded postjudgment interest on the distributive award at the statutory rate of 9% from the date of entry of the judgment of divorce until final payment.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant’s contentions that the trial court failed to equitably distribute the marital property pursuant to Domestic Relations Law § 236 (B) are without merit. The trial court properly exercised its discretion in concluding that it was appropriate to award the plaintiff 50% of the defendant’s enhanced earning capacity (see, O’Brien v O’Brien, 66 NY2d 576; Vainchenker v Vainchenker, 242 AD2d 620; Rosenberg v Rosenberg, 155 AD2d 428; cf., Duspiva v Duspiva, 181 AD2d 810), especially in light of" the plaintiff’s substantial economic as well as noneconomic contributions to the defendant’s acquisition of his medical degree and license.

It is well settled that for the purposes of equitable distribution, the valuation date of marital assets can be set at “anytime from the date of commencement of the action to the date of the[*754] trial” (Domestic Relations Law § 236 [B] [4] [b]). A medical license is an active asset and should generally be valued as of the commencement date of the action, since any appreciation in value after that date is the product of the labors of the licensed spouse (see, McSparron v McSparron, 87 NY2d 275; Wegman v Wegman, 123 AD2d 220). The appropriate date for measuring the value of marital property is left to the sound discretion of the trial court (see, Domestic Relations Law § 236 [B] [4] [b]; McSparron v McSparron, supra) which, in the instant case, was exercised with due regard to all the relevant facts and circumstances (see, Rochelle G. v Harold M. G., 170 Misc 2d 808). Accordingly, the trial court’s valuation date of June 8, 1993, the commencement date of this action, was fair and reasonable (see, Rochelle G. v Harold M.G., supra).

The trial court also properly awarded the plaintiff prejudgment interest on the distributive award of $300,000, at the rate of 9% from the date of commencement of the action to the date of entry of the judgment of divorce. An award of prejudgment interest on a distributive award is within the sound discretion of the trial court (see, CPLR 5001 [a]; see also, Selinger v Selinger, 250 AD2d 752; Trivedi v Trivedi, 222 AD2d 499; Largiader v Largiader, 151 AD2d 724). The trial court providently exercised its discretion in providing for interest on the distributive award, especially where, as here, the defendant, in failing to provide certain financial documents, caused his medical practice to be substantially undervalued.

Under the facts of this case, it was a provident exercise of discretion for the trial court to award postjudgment interest at the statutory rate of 9% on the distributive award from the date of entry of the judgment of divorce to the date of final payment. The trial court also properly directed that the defendant pay the full amount of the distributive award within three years from the date of entry of the judgment of divorce (see, CPLR 5003, 5004; see also, Chirls v Chirls, 170 AD2d 641; Reczek v Reczek, 239 AD2d 867).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., Thompson, Altman and McGinity, JJ., concur.