Legal Opinion

Mizrachi v. Mizrachi

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

Decided March 29, 2011PublishedCited by 1 opinion

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

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
  3. Salvatore v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 2009
  4. Greene-Tyus v. TyusAppellate Division of the Supreme Court of the State of New York · 2009
  5. Pinto v. PintoAppellate Division of the Supreme Court of the State of New York · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Masri v. MasriNew York Supreme Court · 2017

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