Singh v Singh
2008 NY Slip Op 04161 [51 AD3d 1379]
May 2, 2008
Appellate Division, Fourth Department
As corrected through Wednesday, July 16, 2008


Ajit Singh, Respondent, v Deeksha Singh,Appellant.

[*1]Law Office of Evelyne A. O'Sullivan, Amherst (Evelyne A. O'Sullivan of counsel), fordefendant-appellant.

Watson, Bennett, Colligan, Johnson & Schechter, LLP, Buffalo (Kristin L. Arcuri ofcounsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), enteredNovember 29, 2006 in a divorce action. The judgment, among other things, distributed themarital property.

It is hereby ordered that the judgment so appealed from is unanimously modified on the lawby granting defendant interest on the net distributive award at the rate of 9% per annumcommencing June 12, 2006 and as modified the judgment is affirmed without costs.

Memorandum: We conclude that the judgment in this divorce action must be modified inonly one respect. We agree with defendant that she is entitled to interest at the statutory rate onthe net distributive award from the date of Supreme Court's decision (see CPLR 5002,5004; Dempster v Dempster, 204 AD2d 1070, 1072 [1994]), and we therefore modify thejudgment accordingly. Present—Hurlbutt, J.P., Martoche, Fahey, Green and Gorski, JJ.


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