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Louise Farsace v. Frank M. Farsace

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eBook details

  • Title: Louise Farsace v. Frank M. Farsace
  • Author : Supreme Court of New York
  • Release Date : January 04, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendant husband appeals from a judgment granting plaintiff wife a divorce on the grounds of cruel and inhuman treatment, dismissing the husbands counterclaim for a divorce, awarding the wife maintenance, and distributing the marital assets pursuant to part B of section 236 of the Domestic Relations Law. The court valued the total assets of the marriage at $265,551.87 and determined that the wife should receive $102,000. The principal asset consisted of the "present-day" value of the husbands benefits as a member of the New York State Employees Retirement System (computed as of the commencement of the action), for which the court adopted the valuation by the wifes expert ($193,394). The wife was immediately to receive assets worth $53,357.87, leaving the balance of $48,642.13 to be paid in the future. Because the husband had no current ability to pay the $48,642.13, the court directed that when the husband is entitled to [97 A.D.2d 951 Page 952]


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