From Casetext: Smarter Legal Research

Butti v. Butti

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 633 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

Appeal from the Supreme Court, Westchester County (Delaney, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

It is true that defendant's commencement of a matrimonial action (see, CPLR 105 [p]; see also, Domestic Relations Law § 236 [B] [2]) which culminated in a 1985 judgment of separation signaled the end of the parties' economic partnership for purposes of determining which assets are part of the marital estate (see, Lennon v. Lennon, 124 A.D.2d 788, 790). However, full financial disclosure remains the rule rather than the exception in actions governed by the equitable distribution law where the parties have not settled their financial differences (see, Domestic Relations Law § 236 [B] [4], [5]; cf., § 236 [B] [3]; Van Ess v. Van Ess, 100 A.D.2d 848). The Supreme Court therefore properly declined to limit disclosure to the period prior to commencement of the separation action (see, Lennon v. Lennon, supra, at 789; see also, Lee v. Lee, 93 A.D.2d 221). Bracken, J.P., Eiber, Harwood and Balletta, JJ., concur.


Summaries of

Butti v. Butti

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 633 (N.Y. App. Div. 1989)
Case details for

Butti v. Butti

Case Details

Full title:THOMAS A. BUTTI, Appellant, v. VICTORIA BUTTI, Respondent

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

Date published: Jun 19, 1989

Citations

151 A.D.2d 633 (N.Y. App. Div. 1989)
543 N.Y.S.2d 94

Citing Cases

Rosner v. Rosner

Since the 1992 stipulation was abandoned, the proposed amendment would be "palpably insufficient" as a matter…

Match v. Match

" (Supra, at 790.) This holding was reaffirmed by the Second Department in Butti v. Butti ( 151 A.D.2d 633,…