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Magnotta v. MagnottaMagnotta v. Magnotta

Appellate Division of the Supreme Court of the State of New York
May 5, 1997
Versions:239 A.D.2d 320
657 N.Y.S.2d 992
1997 N.Y. App. Div. LEXIS 4579

In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Sherman, J.H.O.), dated February 20, 1996, as, after a nonjury trial, (1) awarded the defendant wife a 50% interest in the marital residence and a 25% interest in the remaining marital assets, and (2) failed to award him an equitable share of the defendant wife’s personal injury award.

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

Under the circumstances of this case, the court’s equitable distribution of the marital property was not an improvident exercise of discretion (see, Domestic Relations Law § 236 [B] [5] [d] [1]-[10]). Contrary to the husband’s contention, he is not entitled to an equitable share of the wife’s personal injury award (see, Domestic Relations Law § 236 [B] [1] [d] [2]).

The husband’s remaining contentions are without merit. Santucci, J. P., Joy, McGinity and Luciano, JJ., concur.

Case Details

Case Name: Magnotta v. Magnotta
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 5, 1997
Citations: 239 A.D.2d 320; 657 N.Y.S.2d 992; 1997 N.Y. App. Div. LEXIS 4579
Court Abbreviation: N.Y. App. Div.
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