Huntington v. Huntington
Cases that cite this one
2 later published cases cite this decision.
- Zesiger v. Zesiger (District Court, S.D. New York 1998)
- Ott v. Ott (Appellate Division of the Supreme Court of New York 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to enforce a separation agreement, the parties cross-appeal from a judgment of the Supreme Court, Westchester County, dated June 26, 1980, which, inter alia, determined that certain items constituted additional income to defendant and that plaintiff was entitled to a 25% share thereof. Judgment modified, on the law, by deleting therefrom the following amounts: $7,569 depreciation; $4,000 from unreported income (representing $2,000 bonuses for 1973 and 1974); and $5,593 from unreported income (representing net premium cost of life insurance for the years 1973 through 1976). As so modified, judgment affirmed, without costs or disbursements, and case remitted to Special Term for entry of an appropriate amended judgment. The principal issue raised on this appeal is what interpretation shall be placed on the words “gross income” as used in the parties’ separation agreement and, thereupon, what specific items, such as deductions, benefits and write-offs paid for by defendant’s business entities, shall be included or excluded under the interpretation of “gross income”. The parties entered into a separation agreement in 1965. They were divorced in 1966. By the terms of the agreement, which did not merge in the judgment of divorce, defendant was to pay the plaintiff alimony representing one fourth of his “gross income”. The agreement defined “gross income” to mean “any and all income of the- Husband from whatever source derived and without any deductions whatever, computed on a cash basis of accounting, but capital gains shall not be included. In the case of any income from business, ‘gross income’ shall mean gross receipts of the business excluding capital gains, less proper deductions directly attributable to such receipts, computed on a cash basis of accounting as determined under sound accounting practices.” Defendant is a radiologist who, at the time of the separation agreement, conducted his medical practice in a partnership with two other doctors. Subsequently a corporation was formed to take ownership of the radiology equipment and other physical property of the medical practice. In 1972, these two entities were merged into a professional corporation, in which defendant and another doctor were the two
Case-law data current through December 31, 2025. Source: CourtListener bulk data.