Mizrachi v. Mizrachi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1179The Supreme Court did not improvidently exercise its discretion in distributing the marital residence to the plaintiff (see Domestic Relations Law § 236 [B] [5] [d], [h]; Pinto v Pinto, 260 AD2d 622 [1999]; Schwartz v Schwartz, 235 AD2d 468, 469 [1997]).
An award of custody is based primarily on the best interests of the children (see Domestic Relations Law § 70; Salvatore v Salvatore, 68 AD3d 966, 966 [2009]). Here, the Supreme Court did not improvidently exercise its discretion, based on its assessment of the parties’ credibility character, and temperament, in concluding that the award of…
2Cases cited8 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
- Salvatore v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 2009
- Greene-Tyus v. TyusAppellate Division of the Supreme Court of the State of New York · 2009
- Pinto v. PintoAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by1 opinion
- Masri v. MasriNew York Supreme Court · 2017