[Download] "John A. Sanders v. Una D. Copley" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: John A. Sanders v. Una D. Copley
- Author : Supreme Court of New York
- Release Date : January 21, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The judgment in this action, inter alia, awarded defendant wife exclusive possession of and title to the building owned by the parties. Plaintiff husband thereafter remained in possession of certain apartments, and defendant moved for an order, inter alia, setting reasonable use and occupancy for those apartments, requiring plaintiff to file an undertaking to secure against waste and imposing sanctions upon plaintiff for engaging in frivolous conduct. In our view, defendant presented evidence sufficient to enable the court properly to determine the reasonable amount of use and occupancy and we accordingly affirm that aspect of the IAS Court's order as well as the requirement of filing a bond. By failing, however, to make any express disposition of that part of defendant's motion which sought the imposition of sanctions for frivolous conduct (22 NYCRR part 130) based on plaintiff's false testimony at trial as to a material issue, the court, in effect, denied the motion. We modify to grant this aspect of the motion. At trial, plaintiff testified that he had no financial interest in certain real estate in Pennsylvania and that he ""never contributed anything to the purchase price of that property"" and ""had nothing to do with the ownership"" of same. This was an important issue at trial on the question of who should be awarded title to and/or possession of the New York City building jointly owned by the parties. Plaintiff had claimed that he had nowhere else in which to reside or pursue his profession as a sculptor. Plaintiff's trial testimony regarding the Pennsylvania property was reiterated in an affidavit submitted in support of his posttrial motion to vacate the trial court's decision awarding, as noted, title to and exclusive possession of the former marital home to defendant.