The Appellate Division, First Department, has unanimously affirmed the January 10, 2014 Decision and Order of New York State Supreme Court Justice Ellen Gesmer in Stewart v. Stewart. 

The underlying case was tried before Special Referee Louis Crespo during 18 days in 2012 and culimated in his 248-page Report and Recommendation on October 19, 2012 regarding the equitable distribu­tion of assets, maintenance and counsel fees. The Report set forth 963 Findings of Fact and 447 Con­clusions of Law and was based thous­ands of pages of witness testi­mony, 157 exhibits and voluminous post-trial submissions.

In her Decision and Order, Justice Ellen Gesmer:  (a) confirmed the Report’s factual findings in their entirety; (b) confirmed in part and modified in part the recommendations regarding the manner in which martial assets were distributed between the parties; and (c) con­firm­ed the recommen­dations that Plaintiff receive no maintenance or additional counsel fees.  Plaintiff-wife appealed. 

On November 17, 2015, after reviewing extensive briefs and hearing oral argument on October 23, 2015, the Appellate Division unanimously affirmed Justice Gesmer’s order.

Representing defendant-husband at the trial were Partner Donald Lockhart Schuck and Associate Lauren Bathgate, both members of Pryor Cashman’s Family Law Group.  Litigation Partner Philip R. Hoffman worked along with Schuck on the successful appeal.

To read the Appellate Division decision, which involves interesting factual and legal issues relating to equitable distribution, economic fault, maintenance and counsel fees, please click here.