Tuesday, September 22, 2020

A VERY COSTLY AND TIME CONSUMING "GRE(A)Y" DIVORCE



This is a case which should be read as it addresses the issues of equitable distribution, maintenance and counsel fees in a long term marriage. Here is the procedural history:

"By Summons with Notice filed on May 14, 2015, Plaintiff Y. L. (hereinafter "Husband") commenced this action for divorce against Defendant L. L. (hereinafter "Wife"). Some four years after this action commenced Plaintiff filed a Verified Complaint on or about April 17, 2019. Wife filed an Answer with Counterclaims on or about April 22, 2019. On or about September 12, 2016 the parties agreed by Preliminary Conference Order that Husband would be granted a divorce on the grounds that the marriage had broken down irretrievably for a period of six months pursuant to DRL §170(7). The parties were married on October 29, 1969 in a civil ceremony held in Moscow, Russia. Accordingly, this is a marriage of long duration (47 years). There are two adult children of this marriage: V.L. and I.L. Husband is currently 70 years old and Wife 68 years old.

The issues of equitable distribution, maintenance and counsel fees were tried before this Court over the course of seventeen days between January 15, 2019 and April 29, 2019. Throughout trial Husband was represented by Michael E. Greene, Esq. and Andrew T. Lolli, Esq. from the law firm of Robinson, Brog, Leinwald, Greene, Genovese, and Gluck, P.C. Wife was initially represented by the Law office of Raoul Felder, Esq. in relation to proceedings that took place before a Request for Judicial Intervention was filed. Once the matter appeared in Court, Wife was represented at all times by Mr. Howard File, Esq., who substituted for Mr. Felder when he withdrew as counsel.

At trial, Husband testified on his own behalf and called three court appointed neutral appraisers as witnesses. Husband also placed voluminous documents into evidence (Pl. Ex. 1 to 109). Wife testified on her own behalf and called eleven witnesses, one of which was a court appointed neutral. Among the witnesses called by Wife was Plaintiff's attorney, Mr. Green. While Mr. Greene's testimony was credible, this Court finds that it was not materially relevant to any of the issues decided in this case. Wife also placed voluminous documents into evidence (Def. Ex. A to AAAAA). Post-trial written summations were submitted by both parties. In total, five real estate appraisers and two forensic accountants testified as experts at trial along with a number of fact witnesses. The fees for all court-appointed neutral experts were paid by Husband subject to reallocation. Wife's expert witnesses, forensic accountant Heidi Muckler and real estate appraiser Mr. Brian Gager were both paid by Wife subject to her application for expert fees. Judicial Notice was taken of several Orders (Ct. Ex. 1-20). In total, the trial record consists of over two-thousand pages."

See YL v. LL, 2020 NY Slip Op 50896 - NY: Supreme Court, Richmond July 29, 2020:

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