18 A.D.2d 1004 | N.Y. App. Div. | 1963
In an action by a wife against her husband, to recover $3,900 given by her to him, shortly after their majrriage, for the purpose of purchasing a parcel of unimproved real property in her name, in which the husband interposed two counterclaims to recover, inter alia, one half the value of the parties’ household furnishings which she removed and in which he claims an undivided half interest, the parties cross-appeal1 as follows from a judgment of the City Court of Yonkers, entered June 19, 1961 upon the decision of the court after a nonjury trial, in plaintiff’s favor: (1) The husband appeals from the whole of said judgment which awarded the wife $3,021.03 (consisting of the principal sum of $2,250, interest thereon of $556.88 from May 1, 1957, and costs and disbursements of $214.15), and which dismissed the husband’s counterclaims. (2) The wife appeals, on the sole ground of inadequacy, from so much of the judgment as limited her recovery to the principal sum of $2,250 plus the interest thereon, totaling $2,806.88. Judgment modified on the law and the facts to the extent of increasing the wife’s recovery to $2,500, plus the interest thereon from May 1, 1957, plus the $214.15 costs and disbursements. As so modified, the judgment is affirmed, without costs. The ninth finding of fact is reversed; and in lieu thereof new findings of fact as stated herein are hereby made. It was undisputed and, accordingly, we find that the husband received
