From Casetext: Smarter Legal Research

McManus v. McManus

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 2002
298 A.D.2d 189 (N.Y. App. Div. 2002)

Opinion

1834N

October 10, 2002.

Judgment, Supreme Court, New York County (Marjory Fields, J.), entered August 14, 2001, inter alia, distributing marital property and awarding plaintiff maintenance, unanimously affirmed, with costs.

HELENE BREZINSKY, for plaintiff-respondent.

TERRENCE P. O'REILLY, for defendant-appellant.

Before: Williams, P.J., Nardelli, Mazzarelli, Marlow, Gonzalez, JJ.


Defendant is not entitled to a credit for the family business he inherited, or for any appreciation in the value of that business due to passive market forces between his inheritance and sale thereof, because, as the trial court found, he so commingled marital funds with the proceeds of the sale as to cause the proceeds to lose any separate character they may have originally had (see Pullman v. Pullman, 176 A.D.2d 113, 114; Karounos v. Karounos, 206 A.D.2d 407, 410; Judson v. Judson, 255 A.D.2d 656, 657-658). In view of the foregoing, we need not review the trial court's findings that neither the business nor its appreciation were ever defendant's separate property. Nor is there reason to disturb the trial court's findings, largely based on witness credibility, pertaining to defendant's financial circumstances, and the maintenance award based thereon. We have considered and rejected defendant's other arguments, including that the parties' country house should have been sold rather than awarded to plaintiff with a cash credit to defendant for his share (see Schupak v. Schupak, 288 A.D.2d 91, 92).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

McManus v. McManus

Appellate Division of the Supreme Court of New York, First Department
Oct 10, 2002
298 A.D.2d 189 (N.Y. App. Div. 2002)
Case details for

McManus v. McManus

Case Details

Full title:KATHRYN McMANUS, PLAINTIFF-RESPONDENT, v. DANIEL McMANUS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 10, 2002

Citations

298 A.D.2d 189 (N.Y. App. Div. 2002)
748 N.Y.S.2d 139

Citing Cases

Fields v. Fields

The term "marital property" is construed broadly in order to give effect to the "economic partnership"…

Puerto Rico v. D.R.

Once separate property is commingled with marital funds, it becomes marital property. McManus v. McManus ,…