Opinion
February 18, 1992
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is modified, on the law, by reducing the award to Kathleen Marino Staropoli for waste from $4,675 to $1,175; as so modified, the order is affirmed, with costs to Kathleen Marino Staropoli.
Dennis Staropoli argues on appeal, inter alia, that the court erred when it found that his failure to paint the exterior of the former marital residence during his use and occupancy thereof constituted waste. We agree.
Permitting property to remain in disrepair constitutes waste (see, 63 [rev vol] N Y Jur, Waste § 2). However, Dennis Staropoli did not allow the premises to remain in disrepair when he failed to repaint its exterior. Periodic exterior painting is part of the inevitable maintenance of most homes. There was no showing that the failure to repaint caused damage to the structure, and thus, his failure to repaint the home is not, under the circumstances presented here, the type of omission or neglect which constitutes waste. Accordingly, the award for waste should be reduced by $3,500, the amount which the court found was a fair and reasonable cost of painting the exterior of the premises.
We have examined Dennis Staropoli's remaining contentions and find that they are without merit. Bracken, J.P., Harwood, Balletta and Copertino, JJ., concur.