From Casetext: Smarter Legal Research

Kaye v. Kaye

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1993
192 A.D.2d 365 (N.Y. App. Div. 1993)

Opinion

April 8, 1993

Appeal from the Supreme Court, New York County (Walter M. Schackman, J.).


The trial court's findings of fact are supported by the record and should not be disturbed (see, Strauf v Ettson Enters., 106 A.D.2d 737, 738). Given that a note in which defendant allegedly promised to compensate plaintiff was illegible and unsigned, and that plaintiff offered no proof concerning any tax loss suffered, plaintiff did not establish that she was entitled to any distribution for the value of her one-time $125,000 tax exemption. Plaintiff, as the party seeking the financial interest, did not meet her burden of showing that the net increase in the value of defendant's retirement plan during the parties' marriage was higher than that shown by the documentary evidence (see, Del Gado v Del Gado, 129 A.D.2d 426, 428).

We have considered plaintiff's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Carro, Ellerin and Rubin, JJ.


Summaries of

Kaye v. Kaye

Appellate Division of the Supreme Court of New York, First Department
Apr 8, 1993
192 A.D.2d 365 (N.Y. App. Div. 1993)
Case details for

Kaye v. Kaye

Case Details

Full title:RITA E. KAYE, Appellant, v. HARVEY E. KAYE, Respondent

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

Date published: Apr 8, 1993

Citations

192 A.D.2d 365 (N.Y. App. Div. 1993)
596 N.Y.S.2d 33

Citing Cases

Sieger v. Sieger

With incomes of this magnitude, it is beyond dispute that each party is more than capable of being…

S.A. v. K.F.

Valuing an Asset The party seeking the distribution of an asset has the burden of establishing its value (…