Legal Opinion

Capasso v. Capasso

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

Decided January 28, 1992Published

1Opinion of the Court

*571There is no basis to impose an equitable lien against defendant’s share of the proceeds of the marital residence, defendant having made all required maintenance payments on this cooperative apartment before vacating it in October 1987. Under this court’s order of August 7, 1987 (Capasso v Capasso, 133 AD2d 23, lv denied 70 NY2d 988), defendant thereafter had no further obligation to pay maintenance, the sole responsibility therefor, as well as for securing the sale of the shares representing the parties’ interest in the cooperative apartment, having been placed on plaintiff. Plaintiff is the…

2Cases cited4 opinions

  1. Loos v. . WilkinsonNew York Court of Appeals · 1889
  2. Capasso v. CapassoNew York Court of Appeals · 1988
  3. Conkling v. First National BankAppellate Division of the Supreme Court of the State of New York · 1955
  4. Capasso v. CapassoAppellate Division of the Supreme Court of the State of New York · 1987

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