Malkani v. Malkani

Decision Date31 August 2022
Docket Number2019–06043, 2019–06625,Index No. 61725/17
Citation208 A.D.3d 863,173 N.Y.S.3d 675
Parties Malina Linkas MALKANI, appellant, v. Robert Gilman MALKANI, respondent.
CourtNew York Supreme Court — Appellate Division

208 A.D.3d 863
173 N.Y.S.3d 675

Malina Linkas MALKANI, appellant,
v.
Robert Gilman MALKANI, respondent.

2019–06043, 2019–06625
Index No. 61725/17

Supreme Court, Appellate Division, Second Department, New York.

Argued—April 22, 2022
August 31, 2022


173 N.Y.S.3d 677

Dobrish Michaels Gross LLP, New York, NY (Robert Z. Dobrish and Sophie Heinlein of counsel), for appellant.

Miller Zeiderman & Wiederkehr, White Plains, NY (Evan Wiederkehr of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, CHERYL E. CHAMBERS, JOSEPH A. ZAYAS, JJ.

DECISION & ORDER

208 A.D.3d 863

In an action for a divorce and ancillary relief, the plaintiff appeals from stated portions of (1) a decision of the Supreme Court, Westchester County (John P. Colangelo, J.), dated March 28, 2019, and (2) a judgment of divorce of the same court dated May 14, 2019. The judgment of divorce, upon the decision, made after a nonjury trial, inter alia, directed that the maintenance and child support payments to be made by the defendant shall commence on the first day of the month following the entry of the judgment of divorce, directed the defendant to pay to the plaintiff child support in the sum of only $2,074.46 per month and postdivorce maintenance in the sum of only $1,000 per month for a period of 12 months, allocated only 61% of the responsibility for statutory add-on expenses to the defendant and 39% of the responsibility for such expenses to the plaintiff, and declined to equitably distribute the security deposit being held by the landlord of the marital residence.

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718 ); and it is further,

ORDERED that the judgment of divorce is modified, on the law, on the facts, and as a matter of discretion, (1) by deleting the provisions thereof directing that the maintenance and child

208 A.D.3d 864

support payments to be made by the defendant shall commence on the first day of the month following the entry of the judgment of divorce, and substituting therefor provisions directing that those payments shall be retroactive to August 8, 2017, (2) by deleting the provisions thereof awarding the plaintiff child support in the sum of $2,074.46 per month and post-divorce maintenance in the sum of $1,000 per month for a period of 12 months, (3) by deleting the provision thereof allocating 61% of the responsibility for statutory add-on expenses to the defendant and 39% of the responsibility for such expenses to the plaintiff, and (4) by adding a provision thereto awarding the plaintiff 50% of so much of the security deposit as is returned by the landlord upon termination of the lease on the marital residence; as so modified, the judgment of divorce is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a new determination of the defendant's...

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3 cases
  • Mahmud v. Ouyang
    • United States
    • New York Supreme Court — Appellate Division
    • August 31, 2022
    ...motion, since the defendant already had personal knowledge of the relevant facts, and his mere hope or speculation that evidence might be 208 A.D.3d 863 uncovered was insufficient to deny the motion (see Liddell v. Morrison, 204 A.D.3d 987, 165 N.Y.S.3d 342 ; Sapienza v. Harrison, 191 A.D.3......
  • 255 Butler Assocs., LLC v. 255 Butler, LLC
    • United States
    • New York Supreme Court — Appellate Division
    • August 31, 2022
    ...& Feldsherova, P.C. v. Geller Law Group, P.C., 191 A.D.3d at 854, 142 N.Y.S.3d 577, 142 N.Y.S.3d [internal quotation marks omitted]; see 173 N.Y.S.3d 675 Matter of Carol Mallon Revocable Trust, 193 A.D.3d at 1050, 147 N.Y.S.3d 117, 147 N.Y.S.3d ). Before imposing the "drastic" remedy of str......
  • Rosenbaum v. Festinger
    • United States
    • New York Supreme Court — Appellate Division
    • February 8, 2023
    ...its discretion in not imputing income to the plaintiff on the basis of money she borrowed from family members (see Malkani v. Malkani, 208 A.D.3d 863, 865–866, 173 N.Y.S.3d 675 ; cf. Matter of Ambrose v. Felice, 45 A.D.3d at 583, 845 N.Y.S.2d 411 ).The defendant's remaining contentions are ......

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