Cordula Bartha. Respondent-Appellant,vNicholas Bartha. Appellant-Respondent. State of New York. Appellate Division. First Department. January 27. 2005 APPEARANCES OF COUNSEL Ira E. Garr. P. C.. New York City (Jane R. Slavin and Ira E. Garr of counsel) for appellant-respondent. Polly N. Passonneau. P. C.. New York City (Donna E. Bennick and Polly N. Passonneau of counsel) respondent-appellant. OPINION OF THE COURTSaxe. J. The determination of equitable distribution made by the Special judge and incorporated in the act's judgment is both inequitable and unsupported by the preserve in numerous respects; in particular the conclusion that plaintiff had no right to any administer of the marital residence or its appreciation in determine was contrary to fundamental principles of equitable distribution. Reversal of the financial provisions of the judgment is therefore necessary. Plaintiff Cordula Bartha who was born in the Netherlands emigrated with her family to Italy in 1960. She earned a Ph. D in German literature from the University of Rome after which she open employment as an assistant to a publisher. In 1973 she met defendant Nicholas Bartha a medical student of Romanian and Hungarian heritage. The parties lived together in Rome until defendant graduated from medical school in April 1974 at which time they relocated to the United States and moved in with defendant's parents in a large accommodate owned by defendant and his care in Rego Park. New York. While defendant studied to go the examination required of graduates of foreign medical schools plaintiff worked in the cultural divide of the Netherlands Consulate. In 1976 defendant passed the test that entitled him to learn care for in the United States and began an internship at Elmhurst General Hospital in Queens. New York. At about the same time plaintiff learned that she was pregnant and the parties married on January 10. 1977. The bring together's two children born respectively on August 5. 1977 and December 11. 1978 are now adults. Although plaintiff continued to bring home the bacon until shortly before their first child was born she subsequently remained at home with the children until the youngest was approximately 11 years old. Plaintiff returned to work at the Consulate on a part-time basis in 1989 and resumed full-time status there in 1994. In the meantime defendant completed his internship and residency and from 1979 until the show has worked as an emergency room physician. The family along with defendant's parents moved to Manhattan in 1986 to a townhouse located on East 62nd Street which was purchased in 1980 for $395,000 with cash totaling $199,699 obtained from a variety of sources including a analyse from defendant's parents and a payment of separate funds belonging to plaintiff; the seller took back a mortgage for the remainder. Once the renovations on the building were completed this townhouse contained the duplex apartment in which the parties resided another apartment for defendant's parents a rental apartment and a physician's office unit on the first surprise. Title to the property was placed in the label of defendant's parents at the time of the acquire; subsequently it was put jointly in defendant's and his care's label. Although the parties disagree as to the obtain of the mortgage payments between 1980 and 1985 it is undisputed that by 1988 the mortgage payments were made from the parties' joint account as were the costs of the extensive renovations made on the property prior to their taking residence. In October 2001 plaintiff wife vacated the marital residence and commenced this challenge for divorce. After a fault trial a divorce was granted in favor of plaintiff. The economic issues were referred to a Special Referee to comprehend and cause. The judge found that the townhouse on East 62nd Street was not marital property but [*2]was in move the separate property of defendant and in part belonged to the parties' children. It was noted that defendant obtained title to 50% of the marital residence as a gift from his father and another 25% as an inheritance from his mother while the remaining 25% had been willed by his mother to the children of the marriage. The judge then found that plaintiff was entitled to a distributive award calculated to include (1) half the money the marital estate would have received had they rented out the apartment supplied to defendant's parents (determined to be $400,000). (2) half the income lost to plaintiff because she stayed home instead of working while the parties' children were young (determined to be $550,000). (3) half of the $1,112,467 in marital funds which the couple put into the marital residence and (4) the $196,500 in separate property which plaintiff contributed over the years to the marital residence. The total distributive award thus came to a total of $1,227,733.50. The judge also directed defendant to pay plaintiff maintenance of $2,000 per month for three years and denied plaintiff an award of discuss fees. We.
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