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LONSDALE v. McEWEN

33 A.D.3d 225 (2006)

821 N.Y.S.2d 155

JUDITH L. LONSDALE, Also Known as JUDITH L. McEWEN, Respondent, v. MARK McEWEN, Appellant.

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

August 24, 2006.

Attorney(s) appearing for the Case

Sidney Siller, New York City (Brian J. Isaac of counsel), for appellant.

Wolf, Block, Schorr and Solis-Cohen, LLP, New York City (Charles B. Law of counsel), for respondent.

NARDELLI and GONZALEZ, JJ., concur with McGUIRE, J.; MARLOW, J.P., and CATTERSON, J., dissent in a separate opinion by MARLOW, J.P.

OPINION OF THE COURT

McGUIRE, J.

The undisputed facts establish that defendant lost his high-paying position in October of 2002. When the separation agreement was entered into in December of 2001, defendant's annual salary in that position was $1.3 million. In 2003, defendant was unemployed except for occasional jobs he was able to obtain, but received some $77,527 in income from a variety of sources (including capital gains, dividends, interest and pension...

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