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Samaritano v. Samaritano

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 817 (N.Y. App. Div. 1991)

Opinion

April 29, 1991

Appeal from the Supreme Court, Nassau County (Yachnin, J.).


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

Any moneys which the husband might receive in settlement of his pending action to recover damages for personal injury constitute separate property (see, Domestic Relations Law § 236 [B] [1] [d] [2]; Richmond v. Richmond, 144 A.D.2d 549; Rossi v. Rossi, 137 A.D.2d 590). As such, the court properly declined to require that such funds be placed in escrow pending resolution of this matrimonial action. We further note that, as there is no order in effect mandating temporary maintenance or child support, to require the husband to hold these future sums in escrow would be improper. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.


Summaries of

Samaritano v. Samaritano

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 817 (N.Y. App. Div. 1991)
Case details for

Samaritano v. Samaritano

Case Details

Full title:DIANE SAMARITANO, Appellant, v. SALVATORE SAMARITANO, Also Known as TOTO…

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

Date published: Apr 29, 1991

Citations

172 A.D.2d 817 (N.Y. App. Div. 1991)
569 N.Y.S.2d 189

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