Nardo v. Nardo

Judgment unanimously modified on the law and as modified affirmed with costs to plaintiff and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum: The trial court erred in finding that a $34,217 check defendant received from his mother’s estate was separate property. Although this check when received constituted separate property (Domestic Relations Law § 236 [B] [1] [d] [1]), defendant’s subsequent actions converted it to marital property. Defendant, upon receipt of this check, comingled it with other assets in a joint account…