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Cohen v. Cohen

Appellate Division of the Supreme Court of New York, First Department
May 14, 2002
294 A.D.2d 184 (N.Y. App. Div. 2002)

Opinion

1068

May 14, 2002.

Judgment of divorce, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about August 22, 2000, insofar as appealed from as limited by the briefs, imputing income to defendant of $50,000 a year for purposes of determining his child support obligations, unanimously affirmed, with costs.

Amy L. Reiss, for plaintiff-respondent.

Nicholas R. Perrella, for defendant-appellant.

Before: Nardelli, J.P., Saxe, Buckley, Sullivan, Gonzalez, JJ.


The challenged imputation of income was properly based on plaintiff's testimony concerning the parties' marital lifestyle, and on defendant's testimony concerning his income and expenses that was so inconsistent, illogical and evasive as to support an adverse inference that he was hiding assets and deliberately reducing his income in order to avoid his obligation for child support (Domestic Relations Law § 240[1-b][b][5][v]; see, Wildenstein v. Wildenstein, 251 A.D.2d 189; cf., Gezelter v. Shoshani, 283 A.D.2d 455).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Cohen v. Cohen

Appellate Division of the Supreme Court of New York, First Department
May 14, 2002
294 A.D.2d 184 (N.Y. App. Div. 2002)
Case details for

Cohen v. Cohen

Case Details

Full title:HANNAH COHEN, PLAINTIFF-RESPONDENT, v. ELDAR COHEN, DEFENDANT-APPELLANT

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

Date published: May 14, 2002

Citations

294 A.D.2d 184 (N.Y. App. Div. 2002)
741 N.Y.S.2d 686

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