Mazzarelli v. Mazzarelli — 44 N.Y. 801

Majority

p. 801

Florence Mazzarelli, Appellant, v Nicholas Mazzarelli, Respondent.

Submitted March 20, 1978;

decided May 2, 1978

p. 802

APPEARANCES OF COUNSEL

Barry M. Fallick and David A. Goldstein for appellant.

Bernard Dworkin for respondent.

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs. The Appellate Division has found, with regard to the property and assets held jointly, that respondent husband successfully rebutted the presumption of a gift which arises from the act of taking title jointly in the name of both spouses (see Kover v Kover, 29 NY2d 408 , 419). Reviewing this determination, as we must, in light of the realities of the situation as expressed by the record viewed as a whole, we find that the conclusion of the Appellate Division is indeed supported by the weight of the evidence, and should be sustained.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in a memorandum.

Order affirmed.

Cases cited

Kover v. Kover 29 NY2d 408 N.Y. 1972-01-13 at 419 p. 802