Kraeger v. Kraeger
Opinion of the Court
—In an action for a divorce and ancillary relief, the defendant husband appeals from stated portions of a judgment of the Supreme Court, Nassau County (O’Connell, J.), entered March 15, 1999, which, after a nonjury trial, inter alia, failed to award him maintenance and awarded him only $40,000 of the plaintiff wife’s pension, and the plaintiff wife cross-appeals, as limited by her brief, from stated portions of the same judgment, which, inter alia, awarded the defendant husband $62,514.50, representing 50% of the net value of the marital residence.
Ordered that the judgment is modified by deleting from the seventh decretal paragraph thereof the sum of $62,514.50 and substituting therefor the sum of $5,000; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
Contrary to the defendant’s contentions, the trial court properly considered all of the relevant factors and providently exercised its discretion in denying his request for maintenance (see, Domestic Relations Law § 236 [B] [6] [a]; Hartog v Hartog, 85 NY2d 36, 51).
However, the trial court incorrectly determined that the marital residence, initially the plaintiffs separate property, became marital property through contributions jointly made by the
The parties’ remaining contentions are without merit. Friedmann, J. P., McGinity, Luciano and Feuerstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.