Dyke v. Dyke

273 A.D.2d 589, 709 N.Y.S.2d 672, 2000 N.Y. App. Div. LEXIS 6696
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 15, 2000
StatusPublished
Cited by17 cases

This text of 273 A.D.2d 589 (Dyke v. Dyke) 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
Dyke v. Dyke, 273 A.D.2d 589, 709 N.Y.S.2d 672, 2000 N.Y. App. Div. LEXIS 6696 (N.Y. Ct. App. 2000).

Opinion

Graffeo, J.

Appeal from a [590]*590judgment of the Supreme Court (Hughes, J.) granting defendant a divorce and ordering equitable distribution of the parties’ marital property, entered April 1, 1999 in Schoharie County, upon a decision of the court.

The parties were married on December 5, 1987 and there are no children of this union. Prior to this marriage, which was the second for both parties, plaintiff was employed as a licensed practical nurse and defendant worked as a manager at Van Dyke Motors, his parents’ automobile dealership. After suffering a back injury before her marriage to defendant, plaintiff obtained a real estate license and earned up to $30,000 per year. When the real estate market suffered a setback, she took a sales position at Van Dyke Motors, earning up to $27,000 per year during the course of the marriage.

In his position as parts manager at Van Dyke Motors, defendant’s income was approximately $20,000 per year. After a brief stint as a self-employed cabinetmaker, defendant became general manager of the dealership when his father died in 1990, which increased his income to $27,000 per year. Thereafter, defendant and his two siblings each inherited a one-third interest in Van Dyke Enterprises, a corporation valued at $541,000 which owned vacant land and leased premises to Van Dyke Motors, a Grand Union grocery store and a Niagara Mohawk Service Center. In December 1994, Van Dyke Enterprises entered into an agreement to purchase the shares inherited by defendant’s siblings at a cost of $400,000, to be paid from corporate rental income in monthly installments over a 10-year period. Just prior to the parties’ first separation in 1995, defendant’s mother transferred her interest in the dealership to defendant and, as dealer principal, defendant’s annual salary rose to between $37,000 and $44,000.

Plaintiff temporarily vacated the marital residence in early 1995 and, subsequent to a brief reconciliation, she departed permanently in July 1996, removing a substantial proportion of the household furnishings. Plaintiff then sued for divorce on the ground of cruel and inhuman treatment. After extensive pretrial discovery and other proceedings, some of which were conducted by plaintiff pro se after she had discharged a prior attorney,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Giuliano v. Giuliano
203 A.D.3d 1473 (Appellate Division of the Supreme Court of New York, 2022)
Seale v. Seale
149 A.D.3d 1164 (Appellate Division of the Supreme Court of New York, 2017)
Vantine v. Vantine
125 A.D.3d 1259 (Appellate Division of the Supreme Court of New York, 2015)
Keil v. Keil
85 A.D.3d 1233 (Appellate Division of the Supreme Court of New York, 2011)
Albanese v. Albanese
69 A.D.3d 1005 (Appellate Division of the Supreme Court of New York, 2010)
Wohl v. Wohl
63 A.D.3d 542 (Appellate Division of the Supreme Court of New York, 2009)
Gross v. Gross
40 A.D.3d 448 (Appellate Division of the Supreme Court of New York, 2007)
Carman v. Carman
22 A.D.3d 1004 (Appellate Division of the Supreme Court of New York, 2005)
Cameron v. Cameron
22 A.D.3d 911 (Appellate Division of the Supreme Court of New York, 2005)
Golub v. Ganz
22 A.D.3d 919 (Appellate Division of the Supreme Court of New York, 2005)
Smith v. Smith
8 A.D.3d 728 (Appellate Division of the Supreme Court of New York, 2004)
Solomon v. Solomon
307 A.D.2d 558 (Appellate Division of the Supreme Court of New York, 2003)
Fessenden v. Fessenden
307 A.D.2d 444 (Appellate Division of the Supreme Court of New York, 2003)
Harrington v. Harrington
300 A.D.2d 861 (Appellate Division of the Supreme Court of New York, 2002)
Burgio v. Burgio
278 A.D.2d 767 (Appellate Division of the Supreme Court of New York, 2000)
Moschetti v. Moschetti
277 A.D.2d 838 (Appellate Division of the Supreme Court of New York, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
273 A.D.2d 589, 709 N.Y.S.2d 672, 2000 N.Y. App. Div. LEXIS 6696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyke-v-dyke-nyappdiv-2000.