Resources

Request a Quote

Join Our Newsletter

Form Heading

Cohen v. Cohen, 10/7/15
February 2, 2017

Supreme Court of New York, Appellate Division

While the trial court properly found that a wife was entitled to only a 25% share of the husband’s interest in his law firm, the court erred in computing postjudgment interest on the wife’s share of the husband’s interest in his law firm at a rate of 5% per annum from the entry of the judgment of divorce. CPLR 5003 and 5004 provided that, unless otherwise provided by statute, interest on a judgment was to be calculated at the statutory rate of 9% per annum, and no applicable statute authorized interest on the judgment other than at the statutory rate. The trial court also erred in failing to award the wife 50% of a tax refund that was constituted marital property, a credit for her share of the money the husband removed from a joint account while the action was pending, and half of the balance of a bank account that he opened after the action commenced.