News
Trial Courts Sometimes Make Mistakes AND Justice Must Await an Appeal
Girgenti v. Girgenti
February 22, 2011, Appellate Division, Second Department
The trial court did not award wife any share of parcels of real property, of a home equity line of credit husband took after commencement of the action, or of money withdrawn by husband from his life insurance policy after commencement of the action. The Supreme Court also failed to award wife a portion of a 2005 tax return and made her maintenance taxable.
The Appellate Division reversed. The wife was entitled to 50% of the value of the land, including 50% of the proceeds of a mortgage husband took on the land after commencement of the action. Wife also should have been awarded 50% of the insurance money and line of credit taken by husband after commencement of the action. Since the action was not commenced until November 18, 2005, wife was entitled to a proportional share of the 2005 tax return.
