Opinion
April 29, 1991
Appeal from the Supreme Court, Nassau County (Yachnin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Any moneys which the husband might receive in settlement of his pending action to recover damages for personal injury constitute separate property (see, Domestic Relations Law § 236 [B] [1] [d] [2]; Richmond v. Richmond, 144 A.D.2d 549; Rossi v. Rossi, 137 A.D.2d 590). As such, the court properly declined to require that such funds be placed in escrow pending resolution of this matrimonial action. We further note that, as there is no order in effect mandating temporary maintenance or child support, to require the husband to hold these future sums in escrow would be improper. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.