Havell v. Islam

In Havell v. Islam (301 AD2d 339, [1st Dept 2002] the Appellate Division, First Department affirmed Justice Jacqueline W. Silbermann's New York County trial court decision (186 Misc 2d 726, 718 NYS2d 807 [New York County,2000]) that the husband was entitled to only a 4.5% equitable distribution award of the parties' extensive marital assets based on egregious conduct by the husband. The record established in Havell that during the parties' twenty-one (21) year marriage the husband was verbally and/or physically abusive to the wife and the parties' six (6) children on numerous occasions; that on April 15, 1999 the wife told the husband that she was seeking a divorce; that on April 21, 1999 the husband broke the locks on the door of the wife's bedroom where she slept separately from him; and that on April 22, 1999 the husband set his alarm for 4:00 a.m. and entered the wife's bedroom at approximately 5:00 a.m., wearing yellow rubber gloves, and when the wife woke up he pinned her to the bed and beat her viciously on the head, face, neck and hands with a barbell (id at 341). The record established that the wife observed her blood, teeth and bone spattering everywhere and that her screams brought the parties' three young daughters, aged 15, 12 and 10, into the room where the husband told them he had killed the wife and that he continued to attack the wife while the children attempted to hold him off of her (id). The wife suffered "severe" injuries as a result of the husband's attack (id). The husband was indicted for attempted murder, pleaded guilty to assault in the first degree and was sentenced to 8 1/4 years in prison (id at 342).