TURCO v. TURCO (Appellate Division, 2nd Dept)

The plaintiff appealed the decision of the Supreme Court regarding various matters including the awarding of plaintiff’s marital shares in the defendant’s business, the crediting of proceeds from the sale of marital residences, the monthly maintenance due to plaintiff, and the amount of child support due to plaintiff.

Of note, the Appellate Court found that the Supreme Court failed to properly award the plaintiff-ex wife her marital share of the husband’s interest in the commercial bakery business.   During the marriage, the husband’s interest in the business had increased from 50% to 79% by the time of trial.  The 29% increase in interest was paid for with marital funds and constituted marital property which the plaintiff was entitled to one-half thereof, or a 14.5% interest.