Legal Opinion

Applebaum v. Applebaum

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

Decided December 22, 1988PublishedCited by 4 opinions

1Opinion of the Court

*301OPINION OF THE COURT

Sullivan, J.

On these cross appeals from a judgment of divorce one of the issues raised by the wife is whether the court properly determined that a cooperative apartment owned solely by her and used as her principal residence is marital property. We conclude that the circumstances of the purchase and the husband’s abandonment of any rights he had in the apartment militate against such a finding, and thus award the apartment exclusively to the wife.

The parties were married in 1961, and, beginning in 1968, resided in a three-bedroom rent-controlled apartment at 200 West 86th…

2Cases cited4 opinions

  1. Arvantides v. ArvantidesNew York Court of Appeals · 1985
  2. De Kovessey v. Coronet Properties Co.New York Court of Appeals · 1987
  3. Consolidated Edison Co. of New York, Inc. v. 10 West 66th Street Corp.New York Court of Appeals · 1984
  4. Cooper v. 140 East AssociatesNew York Court of Appeals · 1970

3Cited by4 opinions

  1. Vainchenker v. VainchenkerAppellate Division of the Supreme Court of the State of New York · 1997
  2. Bossard v. BossardAppellate Division of the Supreme Court of the State of New York · 1993
  3. Schammel v. SchammelAppellate Division of the Supreme Court of the State of New York · 1990
  4. Weinroth v. WeinrothNew York Supreme Court · 1989

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