Opinion
December 21, 1993
Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).
In this action brought to resolve conflicting claims to jointly purchased marital property, the IAS Court's determination, necessarily resolving contradictory testimony and assessing credibility, is supported by the evidence. The court properly considered the statutory factors in determining equitable distribution (Domestic Relations Law § 236 [B] [5] [d]). The court's determination that the equitable shares be equal was based upon ample supporting evidence, as was its determination not to direct a sale of the building but rather to award title and possession to defendant and a monetary award to plaintiff (see, Ierardi v Ierardi, 151 A.D.2d 548), particularly when plaintiff has moved to Pennsylvania and defendant has continued to reside in the building.
We have considered plaintiff's remaining contentions and find them without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger, Ross and Rubin, JJ.