Zahor v. Zahor

Appellate Division of the Supreme Court of New York

Zahor v. Zahor

58 A.D.2d 831, 396 N.Y.S.2d 458, 1977 N.Y. App. Div. LEXIS 13007

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

DecidedJuly 11, 1977

StatusPublished

This text of 58 A.D.2d 831 (Zahor v. Zahor) 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

Zahor v. Zahor, 58 A.D.2d 831, 396 N.Y.S.2d 458, 1977 N.Y. App. Div. LEXIS 13007 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a matrimonial action, the parties cross-appeal from a judgment of the Supreme Court, Richmond County, dated November 1, 1976, which, after a nonjury trial, inter alia, (1) granted the plaintiff husband a divorce on the ground that the defendant wife had abandoned him for a period in excess of one year, and (2) awarded the defendant $3,500, as her one-half share of the remaining proceeds from the 1968 sale of property owned by the parties as tenants by the entirety. Judgment modified, on the facts, by deleting the second decretal paragraph thereof. As so modified, judgment affirmed, without costs or disbursements, and action remitted to Special Term for an accounting of the use of the proceeds from the 1968 sale of property owned by the parties as tenants by the entirety. The trial court’s determination in granting a divorce in the husband’s favor is supported by the record. However, the expenditure of the moneys obtained from the sale of property owned by the parties as tenants by the entirety is not satisfactorily established in the record. Therefore, the case is remanded for a more [832]*832detailed accounting. Cohalan, J. P., Damiani, Hawkins and Mollen, JJ., concur.

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In a matrimonial action, the parties cross-appeal from a judgment of the Supreme Court, Richmond County, dated November 1, 1976, which, after a nonjury trial, inter alia, (1) granted the plaintiff husband a divorce on the ground that the defendant wife had abandoned him for a period in excess of one year, and (2) awarded the defendant $3,500, as her one-half share of the remaining proceeds from the 1968 sale of property owned by the parties as tenants by the entirety. Judgment modified, on the facts, by deleting the second decretal paragraph thereof. As so modified, judgment affirmed, without costs or disbursements, and action remitted to Special Term for an accounting of the use of the proceeds from the 1968 sale of property owned by the parties as tenants by the entirety. The trial court’s determination in granting a divorce in the husband’s favor is supported by the record. However, the expenditure of the moneys obtained from the sale of property owned by the parties as tenants by the entirety is not satisfactorily established in the record. Therefore, the case is remanded for a more [832]*832detailed accounting. Cohalan, J. P., Damiani, Hawkins and Mollen, JJ., concur.

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Bluebook (online)

58 A.D.2d 831, 396 N.Y.S.2d 458, 1977 N.Y. App. Div. LEXIS 13007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zahor-v-zahor-nyappdiv-1977.