Legal Opinion

Reczek v. Reczek

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

Decided May 30, 1997PublishedCited by 7 opinions

1Opinion of the Court

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff contends that Supreme Court erred in awarding defendant the value of plaintiffs enhanced earnings attributable to the doctoral degree he obtained during the marriage. We agree. Where there is an award of maintenance, " 'the court [is] obliged to reduce the value of the enhanced earnings by the amount awarded in maintenance. Not to do so would involve a double counting of the same income’ ” (Wadsworth v Wadsworth, 219 AD2d 410, 415). Thus, the court was…

2Cases cited5 opinions

  1. Finocchio v. FinocchioAppellate Division of the Supreme Court of the State of New York · 1990
  2. Kalisch v. KalischAppellate Division of the Supreme Court of the State of New York · 1992
  3. DiCaprio v. DiCaprioAppellate Division of the Supreme Court of the State of New York · 1990
  4. Wadsworth v. WadsworthAppellate Division of the Supreme Court of the State of New York · 1996
  5. Kessler v. KesslerAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. Grunfeld v. GrunfeldNew York Court of Appeals · 2000
  2. Corasanti v. CorasantiAppellate Division of the Supreme Court of the State of New York · 2002
  3. Lipsky v. LipskyAppellate Division of the Supreme Court of the State of New York · 2000
  4. Anderson v. AndersonAppellate Division of the Supreme Court of the State of New York · 2001
  5. Jafri v. JafriNew York Supreme Court · 1997

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