De Vries v. De Vries

Appellate Division of the Supreme Court of New York

De Vries v. De Vries

66 A.D.2d 832, 411 N.Y.S.2d 546, 1978 N.Y. App. Div. LEXIS 14168

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 1978

StatusPublished

Cited by1 cases

This text of 66 A.D.2d 832 (De Vries v. De Vries) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Vries v. De Vries, 66 A.D.2d 832, 411 N.Y.S.2d 546, 1978 N.Y. App. Div. LEXIS 14168 (N.Y. Ct. App. 1978).

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Opinion

In a matrimonial action, defendant appeals from so much of a judgment of the Supreme Court, Nassau County, dated June 30, 1978, as awarded the plaintiff the sum of $800 per week as alimony and child support and dismissed his counterclaim to impress a trust on the marital residence. Judgment modified, on the facts, by reducing the alimony and support awarded to plaintiff to $600 per week. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. Under the circumstances, the award of $800 per week as alimony and child support was excessive to the extent indicated herein. With respect to defendant’s counterclaim, Special Term properly dismissed same since defendant failed to meet his burden of proof in his attempt to impress a constructive trust on an undivided one-half interest in the marital residence. Hopkins, J. P., Suozzi, Rabin and Shapiro, JJ., concur.

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In a matrimonial action, defendant appeals from so much of a judgment of the Supreme Court, Nassau County, dated June 30, 1978, as awarded the plaintiff the sum of $800 per week as alimony and child support and dismissed his counterclaim to impress a trust on the marital residence. Judgment modified, on the facts, by reducing the alimony and support awarded to plaintiff to $600 per week. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. Under the circumstances, the award of $800 per week as alimony and child support was excessive to the extent indicated herein. With respect to defendant’s counterclaim, Special Term properly dismissed same since defendant failed to meet his burden of proof in his attempt to impress a constructive trust on an undivided one-half interest in the marital residence. Hopkins, J. P., Suozzi, Rabin and Shapiro, JJ., concur.

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Bluebook (online)

66 A.D.2d 832, 411 N.Y.S.2d 546, 1978 N.Y. App. Div. LEXIS 14168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-vries-v-de-vries-nyappdiv-1978.

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