Richmond v. Richmond
| Decision Date | 21 November 1988 |
| Citation | 534 N.Y.S.2d 413,144 A.D.2d 549 |
| Parties | Rose A. RICHMOND, Appellant, v. Lee G. RICHMOND, Respondent. |
| Court | New York Supreme Court — Appellate Division |
McSherry and Flynn, Huntington (Bernard P. McSherry, of counsel), for appellant.
Ralph Rubel, Merrick, for respondent.
Before BROWN, J.P., and LAWRENCE, WEINSTEIN and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the plaintiff wife appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Suffolk County (Gowan, J.), dated September 8, 1986, which, inter alia, after a nonjury trial, directed a partial distribution of marital property, and awarded her $125 per week maintenance for five years.
ORDERED that the order is modified, on the law and the facts, by (1) adding thereto (a) a provision that the defendant husband's severance pay and lump-sum pension payment from New York Airways constitutes marital property, and (b) a provision that a personal injury settlement award is separate property, and (2) deleting therefrom the provision awarding the plaintiff the sum of $125 per week maintenance for five years; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing and determination with respect to assessing the percentage of the personal injury settlement award attributable to the plaintiff's loss of consortium, unless the parties are able to stipulate with respect to the percentage of the final settlement attributable to that claim, and for a recomputation of the plaintiff's maintenance award in light of our finding that the defendant's lump sum pension payment and severance pay constitute assets subject to equitable distribution; and, in the interim, the defendant shall pay the sum of $125 per week to the plaintiff as maintenance.
In September 1986 the court granted a divorce to the plaintiff, finding that the defendant had abandoned her in 1981 after an over 20-year marriage. The defendant had been a helicopter pilot who was totally disabled as the result of an accident that occurred in 1979 at Newark Airport. The plaintiff wife, a registered nurse, had been an assistant professor of nursing at the State University of New York at Stony Brook. The issues on this appeal deal with the court's distribution of marital property and with its award of maintenance.
In 1980, the parties brought an action in the United States District Court for the Eastern District of New York to recover damages for the defendant's injuries and for loss of services to the plaintiff. A structured settlement was reached providing a lump sum payment of $245,000 and a $20,000 per year annuity, compounded at 8% each year for the remainder of the defendant's life. The settlement agreement was silent as to the allocation of moneys awarded for the personal injury cause of action and the plaintiff's cause of action for loss of services.
The plaintiff, who had become aware of the defendant's extramarital romantic involvement with a nurse's aid at Brunswick Hospital in Amityville, New York, during his long convalescence...
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