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Perri v. Perri

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 539 (N.Y. App. Div. 1999)

Opinion

Submitted September 14, 1999

October 28, 1999

In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County (Leis, J.).


ORDERED that the judgment is modified by (1) deleting the provision thereof directing that the parties contribute equally in the repayment of a $19,575 loan for the daughter's college tuition and substituting therefor a provision directing the plaintiff to repay this loan in its entirety, and (2) adding to the paragraph thereof which awarded the defendant $40,726 in arrears a further provision awarding her interest upon that sum; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for computation of the interest to be charged on the pendente lite arrears, in accordance herewith.

The court erred in directing the parties to contribute equally to the repayment of a $19,575 loan for their daughter' s college tuition. Under the circumstances of this case, including the defendant's payment of nearly $10,000 more than she was required to pay toward the daughter's college tuition, and the plaintiff's failure to make any payments toward tuition, the court should have directed the plaintiff to repay the loan in its entirety.

Further, the award of pendente lite arrears was in error to the extent that the court failed to award interest on said arrears in light of the plaintiff's willful failure to make the directed payments (see, Domestic Relations Law § 244; Vicinanzo v. Vicinanzo, 233 A.D.2d 715 ; Laura v. Laura, 89 A.D.2d 544 ).

The defendant's remaining contentions are without merit.

MANGANO, P.J., O'BRIEN, RITTER, and SCHMIDT, JJ., concur.


Summaries of

Perri v. Perri

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1999
265 A.D.2d 539 (N.Y. App. Div. 1999)
Case details for

Perri v. Perri

Case Details

Full title:BENITO M. PERRI, respondent, v. MARY ELLEN PERRI, appellant

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 539 (N.Y. App. Div. 1999)
697 N.Y.S.2d 162

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