DeCabrera v. Cabrera-Rosete

Decision Date15 December 1987
Citation70 N.Y.2d 879,524 N.Y.S.2d 176,518 N.E.2d 1168
Parties, 518 N.E.2d 1168 Karin F. DECABRERA, Respondent, v. Jorge A.ppellant.
CourtNew York Court of Appeals Court of Appeals

The order of the Appellate Division, 125 A.D.2d 1010, 508 N.Y.S.2d 964, should be affirmed, with costs.

As found by Trial Term and affirmed by the Appellate Division, approximately one year after their marriage, plaintiff wife and defendant husband in May 1979 purchased a cooperative apartment on East 72nd Street in Manhattan. The entire purchase price--$182,000--was paid from money in plaintiff's account in a German bank, which she had opened prior to marriage with a $200,000 gift from her father. Before and after the purchase, the parties agreed that defendant would transfer all of his right, title and interest in the apartment to plaintiff upon her request. The stock certificate representing ownership of the apartment was registered in the names of both spouses to satisfy income requirements of the cooperative. However, on May 4, 1979, defendant signed a statement confirming that the apartment was paid for by plaintiff, and that upon plaintiff's request he would transfer his rights in it to her. In June 1982, defendant moved out of the apartment, having committed various cruel and inhuman acts which endangered plaintiff's physical and mental well-being, rendering it unsafe and improper for her to continue living with him. Prior and subsequent to moving out, defendant refused and neglected to provide for the support of plaintiff. On a number of occasions, plaintiff requested that he endorse to her the stock certificate representing ownership of the apartment, but defendant refused. Financial statements of both parties were before the trial court. Defendant acknowledges that he is (and was at the time of the marriage) owner of a home in Darien, Connecticut, as his financial statement revealed.

Following trial of plaintiff's action for divorce and related relief, judgment was granted dissolving the marriage. Relying on Kobylack v. Kobylack, 110 Misc.2d 402, 442 N.Y.S.2d 392, mod. 96 A.D.2d 831, 465 N.Y.S.2d 581, revd. 62 N.Y.2d 399, 477 N.Y.S.2d 109, 465 N.E.2d 829, and Barnes v. Barnes, 106 A.D.2d 535, 483 N.Y.S.2d 358, which the trial court found closely akin to the facts of this case, the court declined to award defendant any equitable share in the apartment, and additionally ordered defendant to pay $10,000 in counsel fees and $24,591.31 for "legal necessities" consisting of apartment maintenance fees and utilities. The Appellate Division affirmed. Before us defendant now urges that the courts below erred in three respects--first, in failing to grant him a share of the appreciated value of the apartment; second, in awarding plaintiff counsel fees; and third, in compelling him to reimburse plaintiff for her expenditures for...

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440 cases
  • Burnside v. Burnside
    • United States
    • West Virginia Supreme Court
    • March 31, 1995
    ...of when a spouse did not intend a joint title designation to constitute a gift or transmutation. In DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168 (1987), joint title in a cooperative apartment did not constitute a gift to the marital estate when the wife paid......
  • In re Rogowski
    • United States
    • U.S. Bankruptcy Court — Eastern District of New York
    • December 21, 2011
    ...of the recipient spouse. Chapin, 12 N.Y.3d 461, 467, 909 N.E.2d 66, 70, 881 N.Y.S.2d 373 (2009); DeCabrera v. Cabrera–Rosete, 70 N.Y.2d 879, 881, 518 N.E.2d 1168, 524 N.Y.S.2d 176 (1987); Lang v. Lang, 72 A.D.3d 1255, 1257, 897 N.Y.S.2d 778, 780–81 (N.Y.App. Div.3d Dep't 2010); Prichep v. P......
  • In re Weisberg
    • United States
    • U.S. Bankruptcy Court — Eastern District of Pennsylvania
    • March 12, 1998
    ...action as justice requires, having regard to the circumstances of the case and of the respective parties (DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168 1987; see also, Bricker v. Powers, 208 A.D.2d 463, 617 N.Y.S.2d 309 1st Dep 1994; Plawner v. Plawner, 208 A......
  • Hymowitz v. Hymowitz
    • United States
    • New York Supreme Court — Appellate Division
    • July 16, 2014
    ...improvidently exercise its discretion in rendering its award of attorney's fees and expert fees ( see DeCabrera v. Cabrera–Rosete, 70 N.Y.2d 879, 881, 524 N.Y.S.2d 176, 518 N.E.2d 1168; Ciampa v. Ciampa, 47 A.D.3d at 748, 850 N.Y.S.2d 190; Prichep v. Prichep, 52 A.D.3d 61, 64, 858 N.Y.S.2d ......
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2 books & journal articles
  • § 11.01 Transmutation by Title
    • United States
    • Full Court Press Divorce, Separation and the Distribution of Property Title CHAPTER 11 Transmutation - A Change in the Character of Property After Acquisition
    • Invalid date
    ...719 S.W.2d 91 (Mo. App. 1986). [7] See Grant v. Zich, 300 Md. 256, 477 A.2d 1163 (1984).[8] For example, in DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 524 N.Y.S.2d 176, 518 N.E.2d 1168 (1987), the wife paid the entire purchase price for a cooperative apartment in cash from her separate est......
  • 40.135 2. Explain Why Your Fees Are Reasonable
    • United States
    • New York State Bar Association Commercial Leasing (NY) Chapter Forty Overview of Lease Enforcement
    • Invalid date
    ...charged are the same as those charged by the firm in the ordinary course of business.--------Notes:[1567] . DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881, 524 N.Y.S.2d 176 (1987); Lefkowitz v. Van Ess, 166 A.D.2d 556, 560 N.Y.S.2d 838 (2d Dep’t 1990). [1568] . Rahmey v. Blum, 95 A.D.2d 29......

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