Marinelli v. Marinelli
| Decision Date | 17 May 1982 |
| Citation | 88 A.D.2d 635,450 N.Y.S.2d 229 |
| Parties | Rosemary MARINELLI, Appellant, v. Nicholas MARINELLI, Respondent. Second Department |
| Court | New York Supreme Court — Appellate Division |
Ira Richard Bennett, New York City (Lawrence H. Bloom, New York City, on the brief), for appellant.
Shafran & Cohen, New York City (Irving Shafran, New York City, of counsel), for respondent.
Before MOLLEN, P. J., and WEINSTEIN, GULOTTA and THOMPSON, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover for moneys expended on necessaries, the plaintiff wife appeals from an order of the Supreme Court, Kings County, entered May 22, 1981, which granted the defendant husband's motion to dismiss the complaint.
Order affirmed, without costs or disbursements.
In August, 1978 the husband commenced an action for divorce in the Supreme Court, Nassau County. Following the inter-position of an answer and counterclaim by the wife, the action proceeded to trial and, in April, 1981, a judgment of divorce was entered (see Marinelli v. Marinelli, 88 A.D.2d 635,45 0 N.Y.S.2d 228 [decided herewith]).
The judgment dissolved the marriage because of the husband's abandonment, awarded the wife custody of the couple's only infant issue (born July 18, 1977), provided for visitation by the husband, directed the husband to pay $100 per week as child support, directed entry of a money judgment against the wife and in favor of the husband in the amount of $5,759.69 (arising from certain bank accounts of the parties), awarded the wife exclusive possession of the marital residence until such time as the husband commenced a partition action, denied alimony to the wife and denied her request for a counsel fee.
The wife commenced the instant action in January, 1981, (1) to obtain reimbursement for necessaries paid for by her, for herself and the infant from the time the husband left the marital home in May, 1978, (2) for a judgment representing one-half of the proceeds of a particular joint savings account, (3) to impress a constructive trust on one-half of the family car, which vehicle the husband had taken upon his departure from the family home, and (4) to impress a constructive trust on one-half of the proceeds of certain life insurance and annuity policies surrendered by the husband.
Special Term, citing Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304, 306-307, 165 N.E. 456, Drago v. Buller, 60 A.D.2d 518, 399 N.Y.S.2d 681, Frederick Cowan & Co. v. National Bank of North...
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