Fedoff v. Fedoff

Appellate Division of the Supreme Court of New York

Fedoff v. Fedoff

41 A.D.3d 114, 835 N.Y.S.2d 895

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 2007·Published·Cited by 2 cases

Opinion

Order, Supreme Court, New York County (Laura E. Drager, J.), entered April 6, 2006, which denied defendant’s motion for a declaration that the parties’ marital residence, a rent stabilized apartment, is subject to equitable distribution, and seeking leave to have it appraised, unanimously affirmed, without costs.

Where, as here, there is no expectation that a rental apartment will be converted into a condominium or cooperative, it is not distributable property (Pulitzer v Pulitzer, 134 AD2d 84, 88-89 [1988]), and therefore need not be appraised. We have considered defendant’s other arguments and find them unavailing. Concur—Tom, J.P., Mazzarelli, Andrias, Williams and McGuire, JJ.

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Order, Supreme Court, New York County (Laura E. Drager, J.), entered April 6, 2006, which denied defendant’s motion for a declaration that the parties’ marital residence, a rent stabilized apartment, is subject to equitable distribution, and seeking leave to have it appraised, unanimously affirmed, without costs.

Where, as here, there is no expectation that a rental apartment will be converted into a condominium or cooperative, it is not distributable property (Pulitzer v Pulitzer, 134 AD2d 84, 88-89 [1988]), and therefore need not be appraised. We have considered defendant’s other arguments and find them unavailing. Concur—Tom, J.P., Mazzarelli, Andrias, Williams and McGuire, JJ.

Fedoff v. Fedoff, 41 A.D.3d 114, 835 N.Y.S.2d 895 (N.Y. Ct. App. 2007).

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Opinion

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