Brancoveanu v. Brancoveanu

In Brancoveanu v. Brancoveanu, 145 AD2d 395 [2 Dept.,1988] the Appellate Division, Second Department affirmed the trial court's determination that an equitable distribution award of 60% to the wife and 40% to the husband of the proceeds of the marital residence and denied the husband any equitable distribution of the wife's dental practice was appropriate based, among other DRL 236(B)(5)(c) factors, on egregious conduct by the husband where the record established that during the litigation he offered A.S., an admitted former instructor at a Romanian terrorist camp, $20,000.00 to murder the wife, and subsequently offered A.S. $5,000.00 to change his testimony when he found out that A.S. had told the wife about his machinations The Appellate Division held that "a great injustice would result if the husband, who unsuccessfully contrived to have his wife murdered, was granted an award of a portion of the value of her dental practice" which the record also established that she had built through her own diligent efforts (id at 399).