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Kozlowski v. Kozlowski

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 322 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Kings County (Rigler, J.).


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

The trial court's finding that the wife is entitled to a divorce from the husband on the grounds of cruel and inhuman treatment is supported by the record and we see no reason to disturb its determination (see, Mahlab v Mahlab, 143 A.D.2d 116).

In addition, the trial court properly distributed 100% of the parties' interest in the marital residence to the wife. The bulk of the funds used in purchasing the parties' interest in the house was the wife's separate property (see, Domestic Relations Law § 236 [B] [1] [d] [2]). The record also indicates that the husband has a history of dissipating assets by gambling. Based upon the husband's minimal contribution to the purchase and maintenance of the house, as well as his dissipation of the parties' assets (see, Domestic Relations Law § 236 [B] [5] [d] [11]), the trial court's equitable distribution award was proper (see, Mahlab v Mahlab, supra).

The husband's remaining contentions are without merit. Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.


Summaries of

Kozlowski v. Kozlowski

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 322 (N.Y. App. Div. 1995)
Case details for

Kozlowski v. Kozlowski

Case Details

Full title:DIANE KOZLOWSKI, Respondent, v. ALEXANDER KOZLOWSKI, Appellant

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 322 (N.Y. App. Div. 1995)
633 N.Y.S.2d 523

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