From Casetext: Smarter Legal Research

Ritz v. Ritz

Appellate Division of the Supreme Court of New York, First Department
Aug 11, 2005
21 A.D.3d 267 (N.Y. App. Div. 2005)

Opinion

August 11, 2005.

Amended judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered December 3, 2003, inter alia, equitably distributing the parties' marital property, unanimously modified, on the law and the facts, to reduce plaintiff's share of the enhanced value of defendant's rental apartment, and otherwise affirmed, without costs.

Before: Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.


The apartment was admittedly a separate asset of defendant purchased before the marriage. The IAS court was correct in finding that the enhanced value was marital property as the rent money was deposited in a joint checking account and there was evidence of plaintiff's indirect contributions as a homemaker and mother ( Price v. Price, 69 NY2d 8). It was also correct in finding that the enhanced value was to be determined from the date of acquisition, not the date of commencement, because the court was only provided with a dollar figure for the former, not the latter (notwithstanding the generous result this gives plaintiff). Furthermore, since defendant produced no evidence as to the amount of increase due to passive market forces as opposed to his direct efforts, we will not disturb the classification that the entire increase was marital property ( Hartog v. Hartog, 85 NY2d 36). However, and especially in view of this most favorable calculation for plaintiff to determine the marital portion, an award of 50% of the enhanced value is clearly disproportionate. She contributed no money to the operation of the apartment; the rent money, which was merely "parked" in the joint checking account, more than paid for its expenses. Nor did plaintiff directly contribute to the operation or management of the apartment ( cf. Zelnik v. Zelnik, 169 AD2d 317; Derderian v. Derderian, 167 AD2d 158, lv denied 77 NY2d 804; Rider v. Rider, 141 AD2d 1004). In fact, the record shows plaintiff had no involvement with the apartment whatsoever. Consequently, we reduce plaintiff's share in the enhanced value of the apartment to 25%.


Summaries of

Ritz v. Ritz

Appellate Division of the Supreme Court of New York, First Department
Aug 11, 2005
21 A.D.3d 267 (N.Y. App. Div. 2005)
Case details for

Ritz v. Ritz

Case Details

Full title:AMANDA S. RITZ, Respondent, v. MICHAEL D. RITZ, Appellant

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

Date published: Aug 11, 2005

Citations

21 A.D.3d 267 (N.Y. App. Div. 2005)
799 N.Y.S.2d 501

Citing Cases

Johnson v. Chapin

The wife spent many weekends and vacations with her husband and son in Claverack, and she contributed to the…

Karas-Abraham v. Abraham

The counsel fee award was proper ( see Johnson v Chopin, 12 NY3d 461, 467). Defendant failed to object to any…