Pompa v. Pompa

Appellate Division of the Supreme Court of New York

Pompa v. Pompa

259 A.D.2d 338, 687 N.Y.S.2d 25, 1999 N.Y. App. Div. LEXIS 2762

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

DecidedMarch 16, 1999

StatusPublished

Cited by1 cases

This text of 259 A.D.2d 338 (Pompa v. Pompa) 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

Pompa v. Pompa, 259 A.D.2d 338, 687 N.Y.S.2d 25, 1999 N.Y. App. Div. LEXIS 2762 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph DiFede, J.H.O.), entered on or about December 1, 1997, awarding plaintiff wife a divorce on the ground of cruel and inhuman treatment, a share of the marital property, maintenance and attorney’s fees, unanimously affirmed, without costs.

The wife was properly granted a divorce on the ground of cruel and inhuman treatment upon evidence showing that the husband mistreated her over several years by making false, denigrating accusations, threatening violence and participating in one incident of actual violence, causing the wife to suffer from anxiety, palpitations and chest pain that on more than one occasion required medical treatment (see, Brady v Brady, 64 NY2d 339, 343; Stoothoff v Stoothoff, 226 AD2d 209; Smith v Smith, 206 AD2d 255, lv dismissed 84 NY2d 977). Concerning financial issues, the wife fully rebutted any presumption that certain bank accounts in her name and the names of the children were marital property (see, Lagnena v Lagnena, 215 AD2d 445), and was properly granted maintenance of $300 a month until death or remarriage (see, Harmon v Harmon, 173 AD2d 98, 108; cf., Spencer v Spencer, 230 AD2d 645, 648), and attorney’s fees of $25,000 (see, Wexler v Wexler, 162 AD2d 326). We have considered the husband’s other arguments and find them to be unavailing. Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph DiFede, J.H.O.), entered on or about December 1, 1997, awarding plaintiff wife a divorce on the ground of cruel and inhuman treatment, a share of the marital property, maintenance and attorney’s fees, unanimously affirmed, without costs.

The wife was properly granted a divorce on the ground of cruel and inhuman treatment upon evidence showing that the husband mistreated her over several years by making false, denigrating accusations, threatening violence and participating in one incident of actual violence, causing the wife to suffer from anxiety, palpitations and chest pain that on more than one occasion required medical treatment (see, Brady v Brady, 64 NY2d 339, 343; Stoothoff v Stoothoff, 226 AD2d 209; Smith v Smith, 206 AD2d 255, lv dismissed 84 NY2d 977). Concerning financial issues, the wife fully rebutted any presumption that certain bank accounts in her name and the names of the children were marital property (see, Lagnena v Lagnena, 215 AD2d 445), and was properly granted maintenance of $300 a month until death or remarriage (see, Harmon v Harmon, 173 AD2d 98, 108; cf., Spencer v Spencer, 230 AD2d 645, 648), and attorney’s fees of $25,000 (see, Wexler v Wexler, 162 AD2d 326). We have considered the husband’s other arguments and find them to be unavailing. Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.

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Bluebook (online)

259 A.D.2d 338, 687 N.Y.S.2d 25, 1999 N.Y. App. Div. LEXIS 2762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pompa-v-pompa-nyappdiv-1999.

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