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Kleinschmidt v. Regan

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2001
284 A.D.2d 284 (N.Y. App. Div. 2001)

Opinion

June 28, 2001.

Amended judgment, Supreme Court, New York County (Eileen Bransten, J.), entered March 31, 2000, inter alia, equitably distributing the parties' marital property and awarding defendant child support, unanimously affirmed, with costs.

Leonard G. Florescue, for plaintiff-appellant.

Pamela M. Sloan, for defendant-respondent.

Before: Andrias, J.P., Lerner, Saxe, Friedman, JJ.


The trial court's distribution of marital property and award of child support properly weighed the factors set forth in Domestic Relations Law § 236(B)(5)(d) and § 240(1-b)(f), and we reject plaintiff's challenges thereto. Among other things, the trial court, recognizing that the concept of equitable distribution is predicated upon the premise that a marriage is an economic partnership to which both parties contribute as spouse, parent, wage earner or homemaker (see, Price v. Price, 69 N.Y.2d 8, 13-16), appropriately divided the marital property on a 50-50 basis in view of defendant's substantial contributions to the marriage. A distribution more favorable to plaintiff is not warranted simply because the marriage was of only five years duration. The trial court also properly awarded defendant $6000 a month in child support based upon findings concerning the child's needs and the parties' respective resources that have ample support in the record (see, Cassano v. Cassano, 85 N.Y.2d 649, 654-655). We perceive no error in the court's findings of separate property.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Kleinschmidt v. Regan

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2001
284 A.D.2d 284 (N.Y. App. Div. 2001)
Case details for

Kleinschmidt v. Regan

Case Details

Full title:ROBERT WILLIAM KLEINSCHMIDT, Plaintiff-Appellant, v. JUDITH THERESA REGAN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 2001

Citations

284 A.D.2d 284 (N.Y. App. Div. 2001)
726 N.Y.S.2d 855

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