Baudisch v. Baudisch

Judgment insofar as appealed from unanimously reversed on the law with costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: In this matrimonial action, Supreme Court erred in distributing the marital assets 73.83% to plaintiff husband and 26.17% to defendant wife. Because both parties contributed to the assets of this 19-year marriage and the court found no factors that justify an unequal distributive award, the assets should be divided equally (see, Turner v Turner, 202 AD2d 998, 999).

The record is sufficient for us to exercise our…