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Lerner v. Lerner

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 1994
201 A.D.2d 375 (N.Y. App. Div. 1994)

Opinion

February 17, 1994

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The trial court did not abuse its discretion in dividing the marital property equally, rather than in a manner commensurate with the parties' respective earnings over their 13-year marriage. Nor was the award of $50,000 in legal fees to plaintiff an abuse of discretion. The record provides ample support for the court's criticism of defendant and his attorney, including frivolous appeals that were never perfected, the belated substitution of defendant's new father-in-law as lead attorney despite his admitted lack of knowledge of matrimonial law, and defendant's excessive interference with his attorney's performance, and no support for defendant's contention of misconduct by plaintiff.

Concerning the award of maintenance, the record confirms that the court considered the factors listed in Domestic Relations Law § 236 (B) (6) and reasonably determined that the award was necessary to maintain the marital standard of living (Williamson v. Williamson, 84 A.D.2d 606, lv denied 55 N.Y.2d 604). We have considered defendant's other arguments and find them to be without merit.

Concur — Rosenberger, J.P., Ellerin, Kupferman and Nardelli, JJ.


Summaries of

Lerner v. Lerner

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 1994
201 A.D.2d 375 (N.Y. App. Div. 1994)
Case details for

Lerner v. Lerner

Case Details

Full title:JOYCE M. LERNER, Respondent, v. MARK J. LERNER, Appellant

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

Date published: Feb 17, 1994

Citations

201 A.D.2d 375 (N.Y. App. Div. 1994)
607 N.Y.S.2d 929