Kroul v. Kroul

• Court: New York Supreme Court — Appellate Division
• Citation: Kroul v. Kroul, 344 N.Y.S.2d 702, 42 A.D.2d 584 (N.Y. App. Div. 1973)
• Decision Date: 11 June 1973
• Parties: Eleanor KROUL, Respondent, v. Hartley KROUL, Appellant.

Page 702

344 N.Y.S.2d 702

42 A.D.2d 584

Eleanor KROUL, Respondent, v. Hartley KROUL, Appellant.

Supreme Court, Appellate Division, Second Department.

June 11, 1973.

Before LATHAM, Acting P.J., and SHAPIRO, GULOTTA, CHRIST and BRENNAN, JJ.

MEMORANDUM BY THE COURT.

In an action Inter alia for divorce, defendant appeals from (1) a judgment of the Supreme Court, Nassau County, dated November 17, 1972, which, after a nonjury trial, Inter alia granted plaintiff a divorce and (2) an order of the same court, dated November 21, 1972, which denied defendant's motion to dismiss the complaint on the ground of lack of jurisdiction of the subject matter.

Order affirmed, without costs. No opinion.

Judgment modified, on the law and the facts, by deleting therefrom the fifth and sixth decretal paragraphs, which conditionally awarded plaintiff $6,750 as damages by reason of defendant's removal of two paintings and a piece of sculpture from the parties' marital home, i.e., in the event defendant fails to return the same within a period of 10 days. As so modified, judgment affirmed, without costs.

The parties were married in December of 1951. In 1968 or 1969, defendant purchased two paintings at a cost of $325 and a piece of sculpture at a cost of $75. These works of art were kept at the marital home in Kings Point and thereafter at the parties' marital apartment in Great Neck. In May of 1971, subsequent to defendant's abandonment of plaintiff, defendant removed the aforementioned works of art from the marital apartment without plaintiff's consent.

Thereafter, plaintiff commenced this action and she testified at the...