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BRAINE v. DEVITO-BRAINE

290 A.D.2d 257 (2002)

736 N.Y.S.2d 21

JOSEPH BRAINE, Appellant, v. LUCILLE DEVITO-BRAINE, Respondent.

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

Decided January 8, 2002.

A fair interpretation of the evidence supports the trial court's finding, largely one of credibility, imputing to plaintiff $28,000 of yearly income (see, Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495). Such evidence includes plaintiff's failure to produce any tax returns subsequent to 1990 although he admitted to paying estimated taxes, the lack of documentary corroboration for his testimony that he has been living off only his...

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