MAHONEY-BUNTZMAN v. BUNTZMAN


12 N.Y.3d 415 (2009)

PATRICIA A. MAHONEY-BUNTZMAN, Respondent, v. AROL I. BUNTZMAN, Appellant.

Court of Appeals of New York.

Decided May 7, 2009.


Attorney(s) appearing for the Case

Berman Bavero Frucco & Gouz P.C., White Plains (Howard Leitner of counsel), and Collier, Halpern, Newberg, Nolletti & Bock, LLP, for appellant.

Farrauto & Berman, Yonkers (John P. Farrauto of counsel), and Gretchen Mullins Kim, P.C. (Gretchen Mullins Kim of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

PIGOTT, J.

In this divorce action, we are asked to resolve several equitable distribution issues. For the reasons that follow, we hold that plaintiff wife is not entitled to a 50% credit for payments made during the marriage towards defendant's maintenance obligation to his first wife nor for payments made towards husband's student loan, and thus we modify.

The parties were married...

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