NELL v. NELL


166 A.D.2d 154 (1990)

Edward Nell, Respondent, v. Margaret Nell, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 2, 1990


We agree with the Judicial Hearing Officer that the defendant wife in this matrimonial action failed to meet her burden of proof with respect to her counterclaim for maintenance. There was no showing of necessity or inability to maintain herself now or in the future. With respect to the equitable distribution of the proceeds from the sale of the Broome Street cooperative apartment, however, the Judicial Hearing Officer improperly classified this asset as "marital property...

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