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Sergeon v. Sergeon

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1996
228 A.D.2d 354 (N.Y. App. Div. 1996)

Opinion

June 25, 1996

Appeal from the Supreme Court, New York County (Lewis Friedman, J.).


We agree with the trial court's findings that defendant's reduced earnings were attributable to his voluntary decision to accept less lucrative employment, that his earning capacity remains comparable to what it was before, and that plaintiff is incapable of becoming self-supporting at a level even roughly commensurate with the marital standard of living, and its resulting conclusion that the level and duration of support should be based on defendant's earning capacity rather than his actual earnings ( see, Matter of Fleischmann v. Fleischmann, 195 A.D.2d 604; Loeb v. Loeb, 186 A.D.2d 174, 176; Summer v. Summer, 85 N.Y.2d 1014). We have considered defendant's other contentions and find them to be without merit.

Concur — Murphy, P.J., Rosenberger, Rubin and Williams, JJ.


Summaries of

Sergeon v. Sergeon

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1996
228 A.D.2d 354 (N.Y. App. Div. 1996)
Case details for

Sergeon v. Sergeon

Case Details

Full title:AVRIL E. SERGEON, Respondent, v. GLEN R. SERGEON, Appellant

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

Date published: Jun 25, 1996

Citations

228 A.D.2d 354 (N.Y. App. Div. 1996)
644 N.Y.S.2d 264

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