Quartarolo-Johanson v. Johanson

Appellate Division of the Supreme Court of New York

Quartarolo-Johanson v. Johanson

130 A.D.3d 801, 12 N.Y.S.3d 575

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

DecidedJuly 15, 2015

Docket2013-07940

StatusPublished

This text of 130 A.D.3d 801 (Quartarolo-Johanson v. Johanson) 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

Quartarolo-Johanson v. Johanson, 130 A.D.3d 801, 12 N.Y.S.3d 575 (N.Y. Ct. App. 2015).

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Opinion

Appeal from a judgment of divorce of the Supreme Court, Nassau County (Edward A. Marón, J.), entered June 27, 2013. The judgment, insofar as appealed from, upon a decision dated March 14, 2013, made after a nonjury trial, awarded taxable maintenance to the plaintiff in the sum of $1,500 per month, commencing on July 1, 2010, and continuing until June 1, 2015, and failed to award the defendant a separate property credit in the sum of $74,019.45.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

“[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court and every case must be determined on its unique facts” (Mazzone v Mazzone, 290 AD2d 495, 496 [2002]). Upon our review of the record, we find that the Supreme Court providently exercised its discretion in awarding maintenance to the plaintiff in the sum of $1,500 per month for a period of five years, retroactive to the date of commencement of the action.

The defendant’s remaining contentions are without merit. Skelos, J.P., Hall, Sgroi and Barros, JJ., concur.

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Appeal from a judgment of divorce of the Supreme Court, Nassau County (Edward A. Marón, J.), entered June 27, 2013. The judgment, insofar as appealed from, upon a decision dated March 14, 2013, made after a nonjury trial, awarded taxable maintenance to the plaintiff in the sum of $1,500 per month, commencing on July 1, 2010, and continuing until June 1, 2015, and failed to award the defendant a separate property credit in the sum of $74,019.45.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

“[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court and every case must be determined on its unique facts” (Mazzone v Mazzone, 290 AD2d 495, 496 [2002]). Upon our review of the record, we find that the Supreme Court providently exercised its discretion in awarding maintenance to the plaintiff in the sum of $1,500 per month for a period of five years, retroactive to the date of commencement of the action.

The defendant’s remaining contentions are without merit. Skelos, J.P., Hall, Sgroi and Barros, JJ., concur.

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Bluebook (online)

130 A.D.3d 801, 12 N.Y.S.3d 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quartarolo-johanson-v-johanson-nyappdiv-2015.

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