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Kabat v. Kabat

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1993
193 A.D.2d 582 (N.Y. App. Div. 1993)

Opinion

May 3, 1993

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by increasing the distributive award to the plaintiff to $170,283.75, representing 75% of the marital property; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

We find no basis to disturb the court's determination valuing the parties' marital property at $227,045. However, in light of the substantial noneconomic contributions made by the plaintiff during the 19-year marriage, we are of the view that she was entitled to a distributive award of 75%, rather than 50%, of that amount. The plaintiff, who was 63 years old at the time of the marriage, cared for the defendant's home, worked as a salesclerk in his store full-time for four years and, when his health failed, provided round-the-clock nursing services. The record also shows that despite the defendant's very substantial portfolio of securities, none of which was marital property, the parties lived a remarkably frugal life-style. In addition to those factors, we have considered the plaintiff's probable future financial circumstances in light of her advanced age and apparent lack of employment opportunities (see, Domestic Relations Law § 236 [B] [5] [c], [d] [2], [6], [8], [13]). Miller, J.P., Ritter, Copertino and Pizzuto, JJ., concur.


Summaries of

Kabat v. Kabat

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1993
193 A.D.2d 582 (N.Y. App. Div. 1993)
Case details for

Kabat v. Kabat

Case Details

Full title:MARY KABAT, Appellant, v. JACOB KABAT, Respondent

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

Date published: May 3, 1993

Citations

193 A.D.2d 582 (N.Y. App. Div. 1993)
597 N.Y.S.2d 423

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