Ryan v. Ryan
| Decision Date | 14 October 1986 |
| Citation | 506 N.Y.S.2d 977,123 A.D.2d 679 |
| Parties | Nora A. RYAN, Respondent, v. John J. RYAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Bruce G. Behrins & Associates, Staten Island, N.Y., for appellant.
Robert E. Twiste, Staten Island, N.Y., for respondent.
Before MANGANO, J.P., and THOMPSON, EIBER and SPATT, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the defendant husband appeals from so much of a judgment of the Supreme Court, Richmond County (McBrien, J.), dated July 11, 1984, as (1) awarded the plaintiff wife a one-half share of the proceeds of the future sale of the marital home; (2) granted the plaintiff exclusive occupancy of the marital home until such time as either (a) the youngest of the parties' children attains the age of 21 years, (b) the plaintiff remarries, or (c) the plaintiff resides with a male nonrelative; (3) directed the defendant to pay the plaintiff $50 per week for her maintenance until such time as either (a) he is no longer obligated to pay child support, (b) the plaintiff remarries, (c) the plaintiff resides with a male nonrelative, or (d) the marital home is sold; (4) directed the defendant to pay $75 per week for the support of each of the two unemancipated children of the marriage until such time as they attain the age of 21 years or become sooner emancipated; (5) awarded the plaintiff equitable distribution of certain proceeds of the sale of certain marital real property located in Toms River, New Jersey; (6) directed the defendant to pay the plaintiff $260 per month from his pension, commencing at such time as he begins to collect said pension; and (7) denied his application for counsel fees.
Justice Mangano has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2[c] ).
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The parties were married on October 1, 1960, and immediately moved into the marital residence at 447 O'Gorman Avenue in Staten Island. After their engagement, but before marriage, they began looking for a suitable home. In March 1960 they chose the O'Gorman Avenue property. From their salaries, both parties had been saving toward the purchase of a house. In May 1960 the plaintiff withdrew $1,600 and gave it to the defendant to be applied to the deposit on the house. The purchase price of the marital home was $21,900.
The closing took place on September 2, 1960, only 29 days before the marriage. Because the plaintiff was unable to appear at the closing due to her employment commitments, only the defendant attended. Therefore, title in what was to become the marital residence was in only the defendant's name, and remained only in his name throughout the marriage.
Immediately after the closing, in the month preceding their marriage, the parties began decorating and furnishing the house. Among other improvements, the plaintiff painted the interior. Their joint account provided the funds for the mortgage payments and other household-related expenses. After the plaintiff became pregnant with the couple's first child, she terminated her employment outside the home. For the next 17 years she concentrated her efforts on being a homemaker and parent to the parties' four children.
By summons and complaint dated May 6, 1983, the plaintiff commenced this divorce action on the ground of abandonment and sought, inter alia, equitable distribution of the marital residence. The defendant's answer contained a counterclaim demanding a divorce on the...
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