From Casetext: Smarter Legal Research

Cusumano v. Cusumano

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1993
199 A.D.2d 562 (N.Y. App. Div. 1993)

Opinion

December 30, 1993

Appeal from the Supreme Court, Westchester County (Delaney, J.).


Ordered that the order is modified, by deleting so much of the second decretal paragraph thereof as directed that the net proceeds of the sale be utilized to pay "the debt owed to Citiplate in the amount of $99,598.71", and substituting therefor a provision directing that the net proceeds of the sale be utilized to pay "the debt owed to Citiplate"; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

On appeal, the plaintiff contends that the Supreme Court erred in directing that the proceeds of the sale of the parties' Florida condominium be used to satisfy a $99,598.71 mortgage debt, because no evidence of the amount of the debt was submitted by the parties. We agree. In the absence of any evidence in the record of the amount of the debt, the Supreme Court should not have directed that the sum of $99,598.71 be utilized to satisfy the mortgage. Accordingly, we modify the order appealed from to delete the amount, leaving the direction that the proceeds be used to discharge the debt, in accordance with its tenor on the date of payment, if sufficient to do so. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

Cusumano v. Cusumano

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1993
199 A.D.2d 562 (N.Y. App. Div. 1993)
Case details for

Cusumano v. Cusumano

Case Details

Full title:JOAN CUSUMANO, Appellant, v. CHARLES CUSUMANO, Respondent

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

Date published: Dec 30, 1993

Citations

199 A.D.2d 562 (N.Y. App. Div. 1993)
606 N.Y.S.2d 257

Citing Cases

LaBarre v. LaBarre

25, representing her portion of the seized tax return that was used to satisfy the marital debt. We agree…