Scott v. Scott

• Court: New York Supreme Court — Appellate Division
• Citation: Scott v. Scott, 390 N.Y.S.2d 11, 55 A.D.2d 674 (N.Y. App. Div. 1976)
• Decision Date: 27 December 1976
• Parties: Elizabeth SCOTT, Respondent-Appellant, v. William H. SCOTT, Appellant-Respondent.

Page 11

390 N.Y.S.2d 11

55 A.D.2d 674

Elizabeth SCOTT, Respondent-Appellant, v. William H. SCOTT, Appellant-Respondent.

Supreme Court, Appellate Division, Second Department.

Dec. 27, 1976.

Brent, Phillips, Dranoff & Davis, P.C., Nanuet (Sanford S. Dranoff, Nanuet, of counsel), for appellant-respondent.

Terrence Ryan, Suffern, for respondent-appellant.

Before HOPKINS, Acting P.J., and COHALAN, SHAPIRO and SUOZZI, JJ.

MEMORANDUM BY THE COURT.

In an action for divorce, (1) defendant appeals, as limited by his notice of appeal and brief, from so much of a judgment of the Supreme Court, Orange County, entered November 19, 1975, as, after a nonjury trial, granted plaintiff a divorce and awarded her 'ownership, possession and control' of 'the personal property belonging to the parties jointly', including 'the stock of antiques from the business formerly known as Scott Antiques,' and (2) plaintiff cross-appeals, on the ground of inadequacy, from so much of the said judgment as awarded her alimony, child support and a counsel fee.

Judgment modified, on the law and the facts, by (1) deleting from the second line of the sixth decretal paragraph thereof the words 'shall be the property of the Plaintiff' and substituting therefor the words 'shall be placed in the exclusive possession of the plaintiff', and (2) deleting from the third line of the sixth decretal paragraph thereof the word 'ownership'. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements.

The trial court found that the parties' 'sole asset consists of a stock of antiques in their discontinued store.' The court then entered a judgment, the sixth decretal paragraph of which provides:

'ORDERED, ADJUDGED and DECREED that the personal property belonging to the parties jointly shall be the property of the Plaintiff who shall have ownership, possession and control thereof; and shall be entitled to such...