Friederich v. Savage

Appellate Division of the Supreme Court of New York

Friederich v. Savage

138 A.D.2d 955, 526 N.Y.S.2d 411, 1988 N.Y. App. Div. LEXIS 2659

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

DecidedMarch 4, 1988

StatusPublished

This text of 138 A.D.2d 955 (Friederich v. Savage) 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

Friederich v. Savage, 138 A.D.2d 955, 526 N.Y.S.2d 411, 1988 N.Y. App. Div. LEXIS 2659 (N.Y. Ct. App. 1988).

Pincite

Opinion

Judgment affirmed with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with memorandum. All concur, Callahan, J., not participating. Memorandum: There is no merit to any of the issues raised by defendant on appeal and thus there must be an affirmance. The parties acknowledge, however, that after entry of judgment herein, the marital residence was sold and the proceeds held in an escrow account pursuant to agreement. The matter is remitted to Supreme Court for distribution of the escrow funds. In that regard, we note that the trial court correctly determined that the original value of the marital residence ($55,000), purchased by the parties as joint tenants prior to their marriage, is separate property. Thus the sum of $55,000 is to be divided equally between the parties and the remainder is to be distributed in accordance with the formula established in the judgment. (Appeal from judgment of Supreme Court, Monroe County, Purple, J. — divorce.) Present — Dillon, P. J., Callahan, Pine, Lawton and Davis, JJ.

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Judgment affirmed with costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with memorandum. All concur, Callahan, J., not participating. Memorandum: There is no merit to any of the issues raised by defendant on appeal and thus there must be an affirmance. The parties acknowledge, however, that after entry of judgment herein, the marital residence was sold and the proceeds held in an escrow account pursuant to agreement. The matter is remitted to Supreme Court for distribution of the escrow funds. In that regard, we note that the trial court correctly determined that the original value of the marital residence ($55,000), purchased by the parties as joint tenants prior to their marriage, is separate property. Thus the sum of $55,000 is to be divided equally between the parties and the remainder is to be distributed in accordance with the formula established in the judgment. (Appeal from judgment of Supreme Court, Monroe County, Purple, J. — divorce.) Present — Dillon, P. J., Callahan, Pine, Lawton and Davis, JJ.

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Bluebook (online)

138 A.D.2d 955, 526 N.Y.S.2d 411, 1988 N.Y. App. Div. LEXIS 2659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friederich-v-savage-nyappdiv-1988.