Comstock v. Comstock
| Decision Date | 03 November 2003 |
| Docket Number | 2002-01773. |
| Citation | 1 A.D.3d 307,766 N.Y.S.2d 220,2003 NY Slip Op 17997 |
| Parties | KAREN F. COMSTOCK, Appellant, v. RICHARD H. COMSTOCK, JR., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is modified, on the facts and as an exercise of discretion, by (1) adding a provision thereto directing that the defendant maintain a life insurance policy in the sum of $1,500,000, with the plaintiff as the beneficiary, to be maintained until the earlier of the plaintiff's remarriage, the plaintiff's death, or May 1, 2011, (2) deleting the 22nd decretal paragraph thereof, and (3) deleting from the 23rd decretal paragraph thereof the words "the exact sum of $228,740.34 representing plaintiff's distributive award of $273,884.34 less defendant's credit for attorney's fees of $45,144.00" and substituting therefor the words "the exact sum of $273,884.34 representing the plaintiff's distributive award"; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements, and the order dated October 24, 2001, is modified accordingly.
The plaintiff was awarded maintenance in the sum of $15,000 per month for a period of nine years and seven months, to expire on May 1, 2011. Contrary to the plaintiff's contentions, we find, upon consideration of the relevant factors, including the parties' preseparation standard of living, that the amount of maintenance awarded was a provident exercise of discretion (see Domestic Relations Law § 236 [B] [6]). In particular, we note that the plaintiff has Master's degrees in education and social work and the distributive award included a substantial sum of cash (see Miness v Miness, 229 AD2d 520 [1996]). However, we agree with the plaintiff's contention that the court should have...
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