Summary
The Appellate Division, First Department unanimously affirmed an order denying the plaintiff's requests to allocate insurance proceeds, award prejudgment interest, and reimburse expert fees in a postjudgment matrimonial proceeding. The court held that the settlement agreement did not provide a contractual basis for including the insurance proceeds in the renovation-cost calculation and that the plaintiff had waived further financial disclosure. The court also found no basis for prejudgment interest or expert fees.
Court
Supreme Court of the State of New York, Appellate Division, First Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, First Department
Decision date
December 16, 2025
Docket number
Index No. 311651/17; Appeal No. 5381; Case No. 2025-00080
Disposition
affirmed
Questions Presented
- Whether the insurance proceeds should have been allocated between the parties or factored into defendant's compensation for renovation costs under the 2020 settlement agreement.
- Whether plaintiff was entitled to prejudgment interest under CPLR 5001(a) on her share of the apartment sale proceeds.
- Whether plaintiff was entitled to expert fees to oppose defendant's motion or enforce the settlement agreement.
Holdings
- Plaintiff was not entitled to have the insurance proceeds factored into the calculation because the unambiguous settlement agreement did not mention the insurance claim or its proceeds, and plaintiff had an opportunity to investigate the claim before waiving further financial disclosure.
- Supreme Court providently exercised its discretion in denying plaintiff prejudgment interest on her share of the net proceeds from the apartment sale.
- Supreme Court providently exercised its discretion in declining to award plaintiff expert fees because she failed to show that an expert was necessary.
Court Document
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