Opinion
June 6, 1989
Appeal from the Supreme Court, New York County (Burton S. Sherman, J.).
In the division of personal property in this divorce action, title to the Atari computer was to be retained by defendant, although it was left at plaintiff's residence for the benefit of the parties' son, who, at the time, resided with plaintiff. Since that custodial arrangement has been changed and the son now lives with defendant, he is being denied access to the computer. Accordingly, we direct the transfer of the Atari computer to defendant. Furthermore, while defendant was to have five weeks' residential visitation with the parties' daughter during the summer, plaintiff has seen fit to schedule activities, such as summer camp, during defendant's assigned visitation period, thus depriving him of his visitation rights. We also modify to correct this inequity.
We have examined defendant's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Asch, Rosenberger, Wallach and Rubin, JJ.