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WASHINGTON v. WASHINGTON

No. 117 SSM 10.

14 N.Y.3d 777 (2010)

925 N.E.2d 582

898 N.Y.S.2d 543

ANNE B. WASHINGTON, Appellant, v. BARRY A. WASHINGTON, Respondent.

Court of Appeals of New York.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Amy S. Nord , Valley Stream, for appellant.

Barry A. Washington , respondent pro se.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

In this nonjury trial, the parties charted their own course, effectively removing from the case the question whether the trust funds were exhausted and thereby eliminating plaintiff mother's burden on this issue. The Appellate Division erred in holding that no evidence was adduced as to the means and abilities...

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