Gape v. Gape
Opinion of the Court
Although, in its decision, Special Term enumerated the factors set forth in Domestic Relations Law § 236 (B) (5) (g) (see, Hornbeck v Hornbeck, 99 AD2d 851; Nielsen v Nielsen, 91 AD2d 1016; see also, Gainer v Gainer, 100 AD2d 533), the absence of express findings of fact and of a detailed discussion of the enumerated factors precludes an intelligent review of the court’s decision in this case.
We would point out, by way of example, that Special Term, without explanation, valued the Sagaponac property at $160,000, whereas the parties had stipulated that it was worth $240,000. In addition, we are unable to determine from the court’s decision the basis for its determination to award defendant only a 20% interest in two thirds of the Sagaponac property. Similarly, it is unclear whether the court’s reference to “[p]laintiff’s interest” in the two real estate agencies was based upon a finding that the agencies were part separate property and part marital property and whether Special Term considered the defendant’s contributions in the negotiations and purchase of plaintiff’s former partner’s interest in Coventry Real Estate, Inc. In this respect we note that no evidence was adduced concerning the value of Coventry Real Estate, Inc.
Accordingly, a new trial is granted, limited to the issue of the distribution of marital property. At the conclusion of the new
Case-law data current through December 31, 2025. Source: CourtListener bulk data.