Welch v. Welch

Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant contends that Supreme Court erred in failing to credit him for one half of the mortgage payments he made on the marital residence after the commencement of this divorce action. We agree. The record shows that, after the action was commenced, defendant lived in one apartment in the marital residence and that another apartment in the marital residence was rented. In distributing the marital property,…