From Casetext: Smarter Legal Research

Schlosberg v. Schlosberg

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 381 (N.Y. App. Div. 1990)

Opinion

July 9, 1990

Appeal from the Supreme Court, Putnam County (Hickman, J.).


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting from the fifteenth decretal paragraph thereof the words "two (2)" and, by substituting therefor the words "seven (7)"; as so modified, the judgment is affirmed insofar as appealed from, with costs to the plaintiff.

The Supreme Court awarded the plaintiff (1) sole ownership and exclusive possession of the marital home, which had a net value of approximately $347,000, and (2) a distributive award in the amount of $129,600. In addition, she is able to support herself as a registered nurse. Under these circumstances, the plaintiff is not entitled to permanent maintenance (see, Maloney v Maloney, 137 A.D.2d 666; Lord v. Lord, 124 A.D.2d 930). However, in light of "the marked disparity between the income and resources of the respective parties", we are of the view that the duration of the defendant's obligation to pay maintenance should be increased from a period of 2 years to a period of 7 years (see, Denholz v. Denholz, 147 A.D.2d 522, 524; Pressman v. Pressman, 143 A.D.2d 555; Panaggio v. Panaggio, 133 A.D.2d 526; see also, Sperduto v. Sperduto, 145 A.D.2d 476).

We have examined the plaintiff's remaining argument and find it to be without merit (cf., Largiader v. Largiader, 151 A.D.2d 724). Mangano, P.J., Bracken, Rubin and Rosenblatt, JJ., concur.


Summaries of

Schlosberg v. Schlosberg

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 381 (N.Y. App. Div. 1990)
Case details for

Schlosberg v. Schlosberg

Case Details

Full title:ANNA M. SCHLOSBERG, Appellant, v. CLIFFORD L. SCHLOSBERG, Respondent

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

Date published: Jul 9, 1990

Citations

163 A.D.2d 381 (N.Y. App. Div. 1990)
558 N.Y.S.2d 111

Citing Cases

Yunis v. Yunis

Defendant failed to subpoena those records. In the exercise of our discretion, we modify the amended order…

Wilson v. Wilson

provide for the reasonable needs of the other and the circumstances of the case and of the respective…