Sutaria v. Sutaria, 12/17/14
February 2, 2017
The trial court properly granted a wife’s application, pursuant to CPLR 3102, to preclude the husband’s valuation expert from testifying at trial because the expert was not disclosed to the wife until the morning of the first day of trial in violation of the court’s directive as to disclosure of expert witnesses. The trial court properly evaluated the factors set forth in Domestic Relations Law § 236(B)(6) in determining that the wife was entitled to a maintenance award and in directing the husband to pay her health insurance costs for the duration of the maintenance award. The trial court correctly appointed a receiver, pursuant to CPLR 5106, to direct the sale of the marital residence and to hold the proceeds of the sale in escrow, pending final payments of debts and the distributive award. The lower court’s judgment was affirmed.