Fourth Department – Post-divorce judgment: Labrake v. Labrake

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Post-divorce judgment

Contempt – Attorney’s fees

Labrake v. Labrake

CA 23-00003

Appealed from Supreme Court, Jefferson County

Background: The defendant husband moved for an order holding the plaintiff wife in contempt for failure to comply with the equitable distribution provisions of the judgment of divorce. The final judgment of divorce provided that the defendant would retain his ladder and tools that are in the shed on the marital property.

Ruling: The Appellate Division modified and affirmed. The court found that the court did not find the plaintiff in contempt, but rather directed her to act if she located the items on the attached list. The Appellate Division modified the award for attorney’s fees under the circumstances, noting that the judgment did not reference any external list of recoverable items and that any remaining items in the shed will belong to the plaintiff. Thus, there is no misconduct on the plaintiff’s part requiring legal action.

John A. Cirando, of D.J. & A.J. Cirando, for the plaintiff-appellant.

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