Soyer v. Perricone
Court: Appellate Division of the Supreme Court of the State of New York; December 10, 1995; New York; State Appellate Court
In a partition action regarding real property, the plaintiff appeals a September 9, 1994 order and judgment from the Supreme Court, Queens County, which directed that upon the property's sale, the plaintiff would be charged for various escrow payments made by the defendant to the Queens County Savings Bank since March 30, 1973, as well as half of the reasonable expenses incurred by the defendant to preserve the premises. The appellate court reversed this decision, ruling that the plaintiff should only be charged with the principal and interest payments made by the defendant to the bank, excluding escrow payments for taxes and insurance. The court clarified that "amortization payments" awarded to the defendant in a prior divorce judgment could include mortgage payments but not additional escrow payments. Furthermore, since the divorce judgment did not address other preservation expenses, the party occupying the property must bear those costs. The plaintiff's other arguments were deemed not properly before the court or without merit. The decision included a concurrence from Justices Balletta, Thompson, Joy, and Goldstein.