Opinion
311827/2014
03-15-2016
F.W., Plaintiff, v. A.W., Defendant.
Counsel for Plaintiff-husband: Eric Seiff, Esq. Storch Amini & Munves, PC 140 Ea. 45th Street, 25th Fl. New York, N.Y. 10017 Counsel for Defendant-wife: Eric T. Sarr, Esq. 757 Third Avenue, New York, N.Y. 10017
Counsel for Plaintiff-husband: Eric Seiff, Esq. Storch Amini & Munves, PC 140 Ea. 45th Street, 25th Fl. New York, N.Y. 10017 Counsel for Defendant-wife: Eric T. Sarr, Esq. 757 Third Avenue, New York, N.Y. 10017 Frank P. Nervo, J.
Defendant moves pendente lite for monthly maintenance of $13,235, the appointment of experts to perform analyses of the appreciation of plaintiff's separate property (a multiple dwelling located at 22 West 25th Street, New York, New York) and lifestyle and cash flow of plaintiff, and counsel fees.
In support of her motion defendant ascribes to plaintiff ownership of a 16 residential and one commercial unit building at 22 West 25th Street, the proceeds from which supported the parties' "luxury lifestyle" during their 30 year marriage. The parties' daughter B.W. currently manages two of the apartments in this building, for the most part by renting them short term via Airbnb and VRBO. B.W., based upon knowledge of the building and her experience with the two apartments she rents, extrapolates "that the building generates anywhere between $786,000-$912,000 in gross revenue per year." (Movant Exhibit B.) In opposition, plaintiff sets forth the parties were equal partners in a healthcare service which earned a gross income of $827,199.12 in 2010, $1,052,363.72 in 2011, and continued to thrive until 2013 when defendant's commitment to that business decreased. Plaintiff attaches as exhibits profit and loss statements and tax returns of "W. Homecare Network, Inc." Plaintiff further avers: 1) all profits of the business were "disposed of" in defendant's discretion, without "reporting" to him; 2) "tens of thousands of personal expenses" were provided for defendant by this business; 3) an unknown amount of income generated by the business funded a Revocable Living Trust, presumably over which defendant maintains control to the exclusion of plaintiff. Plaintiff also proffers an Antenuptial Agreement dated April 22, 1985 wherein both parties, in consultation with their counsel at the time, agreed "neither party shall be required to pay to the other any monies towards support and maintenance." Both parties assert the other has engaged in divorce planning'; defendant claims by plaintiff's transfer of ownership of his property at West 25th Street, and plaintiff claims by defendant's effective abandonment of the parties' healthcare business and her move to California mid-2014. Defendant's motion for maintenance is denied. The papers submitted on this motion provide no facts showing that plaintiff has assets or income superior to that of herself. Further, defendant only speculates when she alleges the purported amount of plaintiff's income. She merely states that their daughter B.W. states that his income from property he formerly owned was within a certain range. This is nothing more than speculation based upon hearsay. As to defendant's assertion that some effort of her's increased the value of plaintiff's property at 22 West 25th Street during the course of their marriage, her application for an expert to value those efforts is denied. Again, defendant presents no facts that could form a basis for granting this relief. At most she states that she lobbied for rent laws more favorable to landowners. She shows nothing demonstrating how she may have contributed to the actual worth of the building, its apartments, or stores. She makes no showing and, in fact, does not argue that the building is marital property. Therefore, her application for an expert to provide an analysis of any increase in value of this property is denied. Inasmuch as defendant's allegations as to plaintiff's income is, as noted, based upon speculation, the motion for an expert lifestyle analysist is denied. This constitutes the decision and order of the court. New York, New York ENTER; March 15, 2016 ________________________________ FRANK P. NERVO Justice Supreme Court