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COHEN v. COHEN

Docket No. 304633/18. Appeal No. 13091-13091A. Case Nos. 2020-02571, 2020-04210.

191 A.D.3d 460 (2021)

138 N.Y.S.3d 311

2021 NY Slip Op 00790

Matthew Cohen, Respondent, v. Cortney Cohen, Appellant.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Advocate, LLP, New York ( Jason A. Advocate of counsel), for appellant.

Kamerman, Uncyk, Soniker & Klein, P.C., New York ( Akiva Meir Cohen of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

We agree with the court that issues of fact exist regarding whether the reissuance of shares to plaintiff husband's separate property in joint names constituted a gift to the wife (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]).

The court providently exercised its discretion in denying the wife's motion for interim attorney fees since the parties' prenuptial agreement...

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