Adjmi v. Adjmi
| Decision Date | 14 June 2004 |
| Docket Number | 2002-09723. |
| Citation | 779 N.Y.S.2d 80,2004 NY Slip Op 05176,8 A.D.3d 411 |
| Parties | ELIZABETH F. ADJMI, Respondent, v. SAM S. ADJMI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is modified, on the law, by deleting the provision thereof awarding the plaintiff sole title to the marital residence and substituting therefor a provision awarding the plaintiff 60% of the value of the marital residence and the defendant 40% of the value of the marital residence; as so modified, the judgment is affirmed insofar as appealed from, with costs to the defendant; and it is further,
Ordered that within 90 days after service upon the plaintiff of a copy of this decision and order, the marital home shall be listed for sale by either party or with a multiple listing real estate broker at an agreed price or at the market value as determined by Scott H. Gallant & Associates, Inc., the real estate appraiser previously appointed by the Supreme Court, and within 30 days of the sale of the marital home, the proceeds of its sale, less brokerage fees and closing costs, shall be apportioned between the parties consistent with the foregoing, and the plaintiff shall have the option to purchase the defendant's share of the marital residence in accordance herewith.
In 1996 the defendant moved to New Jersey, and a year later commenced an action for divorce against the plaintiff. The parties were divorced pursuant to a judgment of the Superior Court, Monmouth County, dated October 29, 1997.
The plaintiff thereafter commenced the instant action to enforce her rights to equitable distribution and maintenance following a foreign judgment of divorce, pursuant to Domestic Relations Law § 236 (B) (2). After a trial, the Supreme Court awarded the plaintiff sole title to the marital residence, the parties' only significant marital asset. The Supreme Court referred the plaintiff's ...
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