Michelini v Michelini

2008 NY Slip Op 00665 [47 AD3d 902]

January 29, 2008

Appellate Division, Second Department

As corrected through Wednesday, March 12, 2008

Brenda Michelini, Appellant, v Bradford Michelini,Respondent.

—[*1]Dikman & Dikman, Lake Success, N.Y. (Michael Dikman of counsel), for appellant.

Sager and Gellerman, Forest Hills, N.Y. (Esther Chyzyk Bernheim and Audrey M. Sager ofcounsel), for respondent.

In an action for a divorce and ancillary relief, the plaintiff wife appeals, as limited by herbrief, from stated portions of a judgment of the Supreme Court, Queens County (Strauss, J.),entered February 23, 2007, which, after a nonjury trial, inter alia, awarded the defendant 50% ofthe appreciation of the value of the marital residence.

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

The trial court properly awarded the defendant 50% of the appreciation of the value of themarital residence. Although the residence was the separate property of the plaintiff, the defendantestablished that the subsequent appreciation of the value of the marital residence was attributableto their joint efforts and, therefore, he was entitled to the award by the trial court (see Hartogv Hartog, 85 NY2d 36, 48 [1995]; Price v Price, 69 NY2d 8, 11 [1986]; Massimi v Massimi, 35 AD3d 400[2006]; Chan v Chan, 267 AD2d 413 [1999]; Lagnena v Lagnena, 215 AD2d 445[1995]).

The plaintiff's remaining contention is without merit. Mastro, J.P., Santucci, Lifson andCovello, JJ., concur.