Kniffen v. Kniffen

Considering that the marital home, a cooperative apartment, was purchased in plaintiff’s name only approximately six months prior to the marriage, we do not disturb the Trial Court’s determination crediting plaintiff’s testimony that checks drawn on defendant’s account and applied at the closing towards the purchase of the apartment constituted funds derived from plaintiff’s trust income. Furthermore, defendant apparently acted only as plaintiff’s attorney at the closing.

However, we remand for a hearing to determine plaintiff’s counsel fee application. The Trial Court recognized that the fee,…