Legal Opinion

Gilkarov v. Gilkarov

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 2012Published

1Opinion of the Court

We see no basis in the record for disturbing the special referee’s credibility determination as to plaintiffs testimony that a house purchased during the marriage belonged to his sister (see Cooper v Cooper, 52 AD3d 429, 430 [2008]; McManus v McManus, 298 AD2d 189 [2002]). The house was properly treated as marital property subject to equitable distribution (see Domestic Relations Law § 236 [B] [1] [c]; Seidman v Seidman, 226 AD2d 1011, 1012 [1996]).

The court properly awarded defendant child support retroactive to the date on which custody of the parties’ children was transferred to her (see…

2Cases cited4 opinions

  1. Seidman v. SeidmanAppellate Division of the Supreme Court of the State of New York · 1996
  2. Shapiro v. ShapiroAppellate Division of the Supreme Court of the State of New York · 2006
  3. McManus v. McManusAppellate Division of the Supreme Court of the State of New York · 2002
  4. Cooper v. CooperAppellate Division of the Supreme Court of the State of New York · 2008

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