Summer v. Summer
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Kirschenbaum v. Kirschenbaum (Appellate Division of the Supreme Court of New York 1999)
- Schafler v. Commissioner (United States Tax Court 1998)
- Mohamed v. Abuhamra (Appellate Division of the Supreme Court of New York 2023)
- Tuchman v. Tuchman (Appellate Division of the Supreme Court of New York 2022)
- Tiger v. Tiger (Appellate Division of the Supreme Court of New York 2017)
- Schack v. Schack (Appellate Division of the Supreme Court of New York 2015)
- Cohen v. Cohen (Appellate Division of the Supreme Court of New York 2014)
- Golden v. Golden (Appellate Division of the Supreme Court of New York 2012)
- Golden v. Golden (Appellate Division of the Supreme Court of New York 2012)
- Steinberg v. Steinberg (Appellate Division of the Supreme Court of New York 2009)
- Wasserman v. Wasserman (Appellate Division of the Supreme Court of New York 2009)
- Ndulo v. Ndulo (Appellate Division of the Supreme Court of New York 2009)
- Ciampa v. Ciampa (Appellate Division of the Supreme Court of New York 2008)
- Gering v. Tavano (Appellate Division of the Supreme Court of New York 2008)
- Marino v. Marino (Appellate Division of the Supreme Court of New York 2008)
- Bean v. Bean (Appellate Division of the Supreme Court of New York 2008)
- Ruane v. Ruane (Appellate Division of the Supreme Court of New York 2008)
- Costa v. Costa (Appellate Division of the Supreme Court of New York 2007)
- Brzuszkiewicz v. Brzuszkiewicz (Appellate Division of the Supreme Court of New York 2006)
- Bartha v. Bartha (Appellate Division of the Supreme Court of New York 2005)
- Konigsberg v. Konigsberg (Appellate Division of the Supreme Court of New York 2004)
- Polizzano v. Polizzano (Appellate Division of the Supreme Court of New York 2003)
- Shai v. Shai (Appellate Division of the Supreme Court of New York 2003)
- Kay v. Kay (Appellate Division of the Supreme Court of New York 2003)
- Fruchter v. Fruchter (Appellate Division of the Supreme Court of New York 2001)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified, without costs, by reinstating that portion of Supreme Court’s *1016 judgment that awarded plaintiff-wife lifetime maintenance and, as so modified, affirmed.
The Appellate Division’s reliance on Hartog v Hartog (194 AD2d 286, 295, mod 85 NY2d 36) and Harmon v Harmon (173 AD2d 98, 108) for its award of durational maintenance to the wife based on her ability to become self-supporting fails in the light of this Court’s recent modification of Hartog (85 NY2d 36, supra). We held that Domestic Relations Law § 236 (B) (6) (a) requires the court to consider the marital standard of living in making maintenance awards, among other factors (85 NY2d, at 51-52, supra). Although there is no automatic entitlement to lifetime maintenance, the Appellate Division failed entirely to consider the factor of the parties’ marital standard of living. Thus, we modify that Court’s order with respect to the duration of maintenance.
Because Supreme Court’s determination that the wife is incapable of becoming self-supporting at a level roughly commensurate with the marital standard of living more nearly comports with the weight of the evidence, we reinstate its judgment insofar as it awarded the wife permanent maintenance.
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, without costs, in accordance with the memorandum herein and, as so modified, affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.