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Peters v. Peters

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1987
127 A.D.2d 575 (N.Y. App. Div. 1987)

Opinion

February 2, 1987

Appeal from the Supreme Court, Queens County (Calabretta, J.).


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

Although the appointment of a temporary receiver is a drastic remedy which should not be lightly granted, the record contains sufficient evidence to support such an appointment in this case (CPLR 6401 [a]; Hildenbiddle v. Hildenbiddle, 110 A.D.2d 819; Nelson v. Nelson, 99 A.D.2d 917). The corporations are owned by the defendant husband; however, the plaintiff wife claimed that she had a substantial interest in them as they were acquired after their marriage and had increased significantly in value during the period she worked with the defendant in the businesses. Given the defendant's well-documented alcoholism, his erratic and assaultive behavior both outside and in the businesses, his refusal to comply with court orders of support, and his threat to sell the businesses and leave the country with the infant children, the trial court's order constituted an appropriate exercise of discretion (see, Hildenbiddle v. Hildenbiddle, supra; Nelson v. Nelson, supra).

We have considered the parties' remaining contentions and find them to be without merit. Niehoff, J.P., Rubin, Lawrence and Sullivan, JJ., concur.


Summaries of

Peters v. Peters

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1987
127 A.D.2d 575 (N.Y. App. Div. 1987)
Case details for

Peters v. Peters

Case Details

Full title:VIRGINIA PETERS, Respondent, v. MICHAEL PETERS, Appellant

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

Date published: Feb 2, 1987

Citations

127 A.D.2d 575 (N.Y. App. Div. 1987)

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