Siskind v. Siskind

Decision Date09 November 2011
Citation933 N.Y.S.2d 60,2011 N.Y. Slip Op. 08139,89 A.D.3d 832
PartiesNancy SISKIND, respondent, v. Jeffrey SISKIND, appellant.
CourtNew York Supreme Court — Appellate Division

2011 N.Y. Slip Op. 08139
89 A.D.3d 832
933 N.Y.S.2d 60

Nancy SISKIND, respondent,
v.
Jeffrey SISKIND, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 9, 2011.


[933 N.Y.S.2d 61]

Saltzman Chetkof & Rosenberg, LLP, Garden City, N.Y. (Lee Rosenberg of counsel), for appellant.

[933 N.Y.S.2d 62]

Barrocas & Rieger, LLP, Garden City, N.Y. (Kieth I. Rieger of counsel), for respondent.

WILLIAM F. MASTRO, J.P., RANDALL T. ENG, ARIEL E. BELEN, and L. PRISCILLA HALL, JJ.

[89 A.D.3d 832] In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from stated portions of an order and judgment (one paper) of the Supreme Court, Nassau County (Gartenstein, J.H.O.), entered July 2, 2010, which, upon a decision of the same court dated April 26, 2010, as amended May 17, 2010, made after a nonjury trial, inter alia, awarded the plaintiff child support in the sum of $34,000 per year, and maintenance in the sum of $65,000 per year, nontaxable to the plaintiff, commencing on May 1, 2010, until the plaintiff reaches her 65th birthday, directed the defendant to obtain and maintain a life insurance policy in the sum of $4,000,000 to secure the child support and maintenance payments, directed that certain funds retained by the defendant's attorneys in escrow be transferred to custodial accounts to pay for educational expenses for the parties' two college-age children, and that the defendant be responsible for payment of 90 percent of the college expenses of these two children not covered by the funds in the custodial accounts, equitably distributed the marital portions of the parties' investments by awarding the plaintiff the sum of $216,109.50, awarded the plaintiff an attorney's fee in the sum of $340,000, and denied that branch of his motion which was for a downward modification of his pendente lite child support and maintenance obligations.

ORDERED that the order and judgment is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof awarding the plaintiff maintenance in the sum of $65,000 per year, nontaxable to her, commencing on May 1, 2010, until the plaintiff reaches her 65th birthday, and substituting therefor a provision awarding the plaintiff maintenance[89 A.D.3d 833] in the sum of $65,000 per year, taxable to her and deductible by the defendant, and continuing until the earliest of her attainment of her 65th birthday, her remarriage, or her death, and (2) by deleting the provision thereof directing the defendant to obtain and maintain a life insurance policy in the sum of $4,000,000 to secure the child support and maintenance payments, and substituting therefor a provision directing the defendant to obtain and maintain a life insurance policy in the sum of $3,000,000 to secure the child support and...

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31 cases
  • Alice M. v. Terrance T.
    • United States
    • New York Supreme Court
    • December 23, 2015
    ...1102, 956 N.Y.S.2d 514 [2d Dept 2012] ; Chaudry v. Chaudry, 95 A.D.3d 1058, 945 N.Y.S.2d 110 [2d Dept 2013] ; Siskind v. Siskind, 89 A.D.3d 832, 933 N.Y.S.2d 60 [2d Dept 2011] ; Raynor v. Raynor, 68 A.D.3d 835, 839, 890 N.Y.S.2d 601 [2d Dept 2009] )." (Dunn v. Dunn, 116 AD3d 997985 N.Y.S.2d......
  • Nadasi v. Nadel-Nadasi
    • United States
    • New York Supreme Court — Appellate Division
    • September 20, 2017
    ...and expert fees (see Domestic Relations Law § 237 [a]; Morales v. Inzerra, 98 A.D.3d 484, 485, 949 N.Y.S.2d 433 ; Siskind v. Siskind, 89 A.D.3d 832, 834, 933 N.Y.S.2d 60 ; Grumet v. Grumet, 37 A.D.3d 534, 536–537, 829 N.Y.S.2d 682 ).The plaintiff's contention regarding the sale price of the......
  • Rudish v. Rudish
    • United States
    • New York Supreme Court — Appellate Division
    • May 31, 2017
    ...v. Castello, 144 A.D.3d at 725, 41 N.Y.S.3d 250 ; Matter of Funaro v. Kudrick, 128 A.D.3d at 696, 8 N.Y.S.3d 433 ; Siskind v. Siskind, 89 A.D.3d 832, 834, 933 N.Y.S.2d 60 ; Khaimova v. Mosheyev, 57 A.D.3d at 737–738, 871 N.Y.S.2d 212 ). Here, although the defendant testified that stress, de......
  • C. v. R.
    • United States
    • New York Supreme Court
    • September 17, 2019
    ...1102, 956 N.Y.S.2d 514 [2d Dept 2012] ; Chaudry v. Chaudry , 95 AD3d 1058, 945 N.Y.S.2d 110 [2d Dept 2013] ; Siskind v. Siskind , 89 AD3d 832, 933 N.Y.S.2d 60 [2d Dept 2011] ; Raynor v. Raynor , 68 AD3d 835, 839, 890 N.Y.S.2d 601 [2d Dept 2009] )." (Dunn v. Dunn , 116 AD3d 997985 N.Y.S.2d 2......
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