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Lai Yin Kwan v. Zhi Cheng Shen

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 530 (N.Y. App. Div. 1999)

Opinion

Submitted September 16, 1999

October 25, 1999

In an action for a divorce and ancillary relief, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Gartenstein, J.H.O.), dated July 21, 1998, as distributed the marital assets.


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

The trial court properly distributed the marital assets pursuant to a written agreement between the parties which was neither unconscionable nor overreaching (see generally, Levine v. Levine, 56 N.Y.2d 42 ; Christian v. Christian, 42 N.Y.2d 63, 71 ; Frank v. Frank, 260 A.D.2d 344 [2d Dept., Apr. 5, 1999]; Greenfield v. Greenfield, 147 A.D.2d 440, 442 ; Yuda v. Yuda, 143 A.D.2d 657 ). The court's determination rested largely on its assessment of the credibility of the witnesses presented during the trial, and the determination was supported by a fair interpretation of the evidence (see,Matter of Liccione v. John H., 65 N.Y.2d 826 ; Petek v. Petek, 239 A.D.2d 327 ).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., THOMPSON, SULLIVAN, and SMITH, JJ., concur.


Summaries of

Lai Yin Kwan v. Zhi Cheng Shen

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 530 (N.Y. App. Div. 1999)
Case details for

Lai Yin Kwan v. Zhi Cheng Shen

Case Details

Full title:LAI YIN KWAN, respondent, v. ZHI CHENG SHEN, appellant

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

Date published: Oct 25, 1999

Citations

265 A.D.2d 530 (N.Y. App. Div. 1999)
696 N.Y.S.2d 871