MacCASLAND v. MANDARA

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Supreme Court, Appellate Division, Fourth Department, New York.

Patricia MacCASLAND, Plaintiff-Appellant, v. Adam MANDARA, Defendant-Respondent.  (Appeal No. 2.)

Decided: March 31, 1999

PRESENT:  PINE, J.P., WISNER, HURLBUTT, SCUDDER and CALLAHAN, JJ. Patricia A. MacCasland, Syracuse, pro se. No brief filed for defendant-respondent.

Supreme Court's distribution of the net proceeds from the sale of the parties' jointly owned residence is not supported by the stipulated facts submitted by the parties or by the record as a whole (cf., Niemira v. Dean, 245 A.D.2d 1068, 1069, 666 N.Y.S.2d 75;  Matter of Bogert v. Rickard, 199 A.D.2d 587, 588, 604 N.Y.S.2d 331).   We conclude that each party is entitled to a proportionate share of the sale proceeds.   After subtracting the amount necessary to pay off the mortgage, $68,774.02, and the closing costs, $7,306.96, the balance to be distributed is $18,919.02.

Each party's share of that amount depends on “the respective contributions of the parties toward the acquisition of the property and the improvements made by each which contributed to the sale price” (McVicker v. Sarma, 163 A.D.2d 721, 722, 558 N.Y.S.2d 997).   The parties contributed a total of $34,953.35 toward the purchase, repair and improvement of the premises.   74.39% of that amount was contributed by plaintiff ($22,000 down payment and $4,001.84 in repairs and improvements), and 25.61% of that amount was contributed by defendant ($1,473.73 down payment and $7,477.78 in repairs and improvements).   Plaintiff's share of the net proceeds from the sale is therefore $14,073.86 and defendant's share is $4,845.16.

Additionally, we conclude that defendant must reimburse plaintiff for one half of the costs paid by plaintiff for the examinations before trial and court filing fees.   Those costs total $432.50, and defendant must reimburse plaintiff $216.25.

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM: