From Casetext: Smarter Legal Research

Leider v. Otero-Leider

Appellate Division of the Supreme Court of New York, First Department
May 8, 1990
161 A.D.2d 277 (N.Y. App. Div. 1990)

Opinion

May 8, 1990

Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).


On appeal, plaintiff does not challenge the divorce, but claims that the trial court's equitable distribution was incorrect. Credible evidence showed that the defendant wife began law school shortly after the marriage, during which the plaintiff gave her some minimal help, but during which she continued to maintain the marital home. She also helped her husband in a business, which involved maintaining Xerox machines in law school libraries, for which she drew a small salary. She graduated from Cardozo Law School, failed the Bar examination on her first attempt, was fired from her first postschool job, and eventually obtained the position as an in-house attorney with the New York/New Jersey Port Authority, earning $51,000 at time of trial. Her husband, meanwhile grew less interested in his own law career and in the Xeroxing business, and more interested in his various real estate holdings. The trial court found that equity favored distribution of all the real estate holdings and the Xerox business to the plaintiff, and all the defendant's license to practice law to her. Relying on competent evidence that the defendant participated actively in maintaining the marital home, the court awarded each of the parties one half of the net amount of their interest in that home, 50% of which is owned by the plaintiff's mother. None of the plaintiff's factual arguments is anything more than his view of the evidence, which gives this court no reason to disturb the trial court's exercise of its wide discretion in making an equitable distribution award (see, Barnes v. Barnes, 106 A.D.2d 535, 536). We have reviewed the plaintiff's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Kassal, Wallach and Smith, JJ.


Summaries of

Leider v. Otero-Leider

Appellate Division of the Supreme Court of New York, First Department
May 8, 1990
161 A.D.2d 277 (N.Y. App. Div. 1990)
Case details for

Leider v. Otero-Leider

Case Details

Full title:ANDREW S. LEIDER, Appellant, v. SANDRA B. OTERO-LEIDER, Respondent

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

Date published: May 8, 1990

Citations

161 A.D.2d 277 (N.Y. App. Div. 1990)
554 N.Y.S.2d 911

Citing Cases

Kreizel v. Kreizel

The award for maintenance should have been made retroactive to the date of the first application therefor…

Kamen v. Kamen

We have considered all of the substantive arguments raised in both the appeal and cross appeal and find no…