CUNNINGHAM v. BRUTMAN

2016-01613. Index No. 31704/10.

150 A.D.3d 815 (2017)

55 N.Y.S.3d 269

2017 NY Slip Op 03728

JEROME F. CUNNINGHAM, JR., Respondent, v. JEANNE BRUTMAN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 10, 2017.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

In this matrimonial action, a nonjury trial was held on the issues of custody of the parties' child and the equitable distribution of assets. Contrary to the defendant's contention, the Supreme Court did not err in awarding the plaintiff sole legal and physical custody of the child. In making a custody determination, the primary concern is the best interests of the child. In determining the...

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