Legal Opinion · Concurring in part, dissenting in part
Johnson v. Chapin
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 2008Published
1Concurring in part, dissenting in part
Friedman and McGuire, JJ.,
concur in part and dissent in part in a memorandum by McGuire, J., as follows: The majority is correct that the judgment of divorce and money judgment should be modified so as to vacate those portions of the distributive award to the wife representing (1) 50% of the amount by which the total of the expenditures during the marriage on improvements to the Claverack property exceeded the appreciation of the property, and (2) 50% of the appreciation of the Claverack property over the course of the marriage. The majority is also correct that the wife should be awarded 25%…
2Cases cited14 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Price v. PriceNew York Court of Appeals · 1986
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Carman v. CarmanAppellate Division of the Supreme Court of the State of New York · 2005
- Micha v. MichaAppellate Division of the Supreme Court of the State of New York · 1995
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