Rosenshein v. Rosenshein

Citation620 N.Y.S.2d 383,211 A.D.2d 456
PartiesHelene Miller ROSENSHEIN, Plaintiff-Respondent, v. Arnold ROSENSHEIN, Defendant-Appellant.
Decision Date10 January 1995
CourtNew York Supreme Court Appellate Division

Before KUPFERMAN, J.P., and ROSS, RUBIN and WILLIAMS, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Lewis R. Friedman, J.), entered November 24, 1993, which, inter alia, (a) appointed a temporary receiver of seventeen designated properties, of the proceeds derived from any concluded sale, mortgage or refinancing of the designated properties, and of other properties which may be added; (b) granted to the receiver discretionary powers to sell properties and to incur and pay expenses in connection with such sales, including attorneys' and brokers' fees; (c) ordered defendant to provide plaintiff's attorneys with weekly accountings and documentation to support same, retroactive to April 16, 1992; and (d) directed that defendant deposit $193,642 into an escrow account, unanimously affirmed, with costs.

The court is empowered to protect marital assets for equitable distribution (Domestic Relations Law § 234), and thus properly required defendant to post the escrow based upon the documentation provided of property mismanagement. The record also contains sufficient evidence to support the appointment of the receiver to preserve the marital assets and avoid their dissipation (see, Peters v. Peters, 127 A.D.2d 575, 511 N.Y.S.2d 374), especially since defendant had agreed to the sale of all the real estate holdings. We have considered defendant's other arguments and find them to be without merit.

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3 cases
  • D.D. v. A.D.
    • United States
    • New York Supreme Court
    • June 16, 2017
    ...Husband. See Weinstock v. Weinstock, 8 Misc.3d 221, 797 N.Y.S.2d 246 (Sup.Ct. Nassau Ct.2005) ; See also, Rosenshein v. Rosenshien, 211 A.D.2d 456, 620 N.Y.S.2d 383 (1st Dept.1995). Wife modified the loan to a monthly payment not dependent on court ordered maintenance. Her efforts in this r......
  • Nederlander v. Nederlander
    • United States
    • New York Supreme Court — Appellate Division
    • January 3, 2013
    ...such marital property is protected should it later become the subject of equitable distribution ( id.;Rosenshein v. Rosenshein, 211 A.D.2d 456, 456, 620 N.Y.S.2d 383 [1st Dept.1995];Drazal v. Drazal, 122 A.D.2d 829, 831, 505 N.Y.S.2d 703 [2d Dept.1986] ). Here, contrary to defendant's asser......
  • Karg v. Kern
    • United States
    • New York Supreme Court — Appellate Division
    • February 19, 2015
    ...the real estate taxes on the parties' farm property to preserve that asset for equitable distribution (see Rosenshein v. Rosenshein, 211 A.D.2d 456, 620 N.Y.S.2d 383 [1st Dept.1995] ). At the time that the court issued its previous pendente lite support award, the issue of the real estate t......

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