Mitnick v. Rosenthal

—Judgment, Supreme Court, New York County (Joan Lobis, J., upon decision of Irene Duffy, J.), entered July 1, 1998, which determined various financial issues between the parties in an action for divorce, unanimously modified, on the law and the facts, to refer plaintiffs application for expenses to a Special Referee to hear and report, and otherwise affirmed, without costs.

We agree with the trial court that application of the statutory formula contained in Domestic Relations Law § 240 (1-b) to any amount over $150,000 would be “unjust or inappropriate” because both parties earn significantly…