Capasso v. Capasso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
Under Domestic Relations Law § 236 (B) (5) (g), the court is required to state the reasons for its decision distributing property in a matrimonial action. We hold that in the absence of unusual circumstances, a reasoned distribution can only be made in light of the total value of the property subject to distribution. Since the distribution here was made without reference to such value, we find it necessary to reverse the judgment and remand for additional findings of fact. We also hold that findings of fact submitted pursuant to CPLR 4213 (a) cannot constitute…
2Cases cited26 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- Glacius v. . BlackNew York Court of Appeals · 1872
- Matter of I.New York Court of Appeals · 1979
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
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3Cited by34 opinions
- Price v. PriceNew York Court of Appeals · 1986
- Otto v. OttoAppellate Division of the Supreme Court of the State of New York · 1989
- Steinberg v. SteinbergAppellate Division of the Supreme Court of the State of New York · 2009
- Capasso v. CapassoAppellate Division of the Supreme Court of the State of New York · 1987
- Noble v. NobleAppellate Division of the Supreme Court of the State of New York · 2010
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