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Schmidlapp v. Schmidlapp

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 571 (N.Y. App. Div. 1995)

Opinion

October 16, 1995

Appeal from the Supreme Court, Nassau County (Ain, J.).


Ordered that the cross-appeal is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the husband is awarded one bill of costs.

Contrary to the wife's contention, the court did not err by awarding the husband a 15% share of the proceeds from the intended sale of an unimproved lot. Although the unimproved lot was the wife's separate property prior to the marriage, she transferred title to the property to herself and the husband as tenants in the entirety after they were married. Thus, the character of the property was changed from separate to marital property ( see, Coffey v. Coffey, 119 A.D.2d 620, 622).

The wife's remaining contentions are either without merit or unpreserved for appellate review. Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.


Summaries of

Schmidlapp v. Schmidlapp

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 571 (N.Y. App. Div. 1995)
Case details for

Schmidlapp v. Schmidlapp

Case Details

Full title:CHARLOTTE J. SCHMIDLAPP, Appellant-Respondent, v. THEODORE E. SCHMIDLAPP…

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

Date published: Oct 16, 1995

Citations

220 A.D.2d 571 (N.Y. App. Div. 1995)
632 N.Y.S.2d 593

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