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Linda D. v. Theo C.
Citations: 96 A.D.3d 432; 945 N.Y.S.2d 687
Court: Appellate Division of the Supreme Court of the State of New York; June 5, 2012; New York; State Appellate Court
Judgment from the Supreme Court, New York County, on November 22, 2011, addressed the divorce case involving the distribution of the marital estate. The court denied the defendant any share of the marital apartment's appreciation, as the plaintiff purchased it prior to the marriage and the defendant did not adequately demonstrate that his contributions led to its increased value. Although the defendant undertook renovations financed by marital funds, the court-appointed appraiser found no evidence that these renovations affected the apartment's value. The trial court compensated the defendant with a credit for one-quarter of the renovation costs. The court affirmed its discretion in distributing the marital estate, having considered relevant factors under Domestic Relations Law § 236(B)(5)(d) and providing a rationale for its decisions. However, the court found the trial court acted improvidently in awarding the plaintiff $100,000 in attorney's fees and $12,850 in expert fees, noting that the financial disparity between the parties did not justify such amounts. The overall judgment was modified to vacate the award of fees, with the remainder affirmed, and no costs were assigned.