LARA S. TRAFELET, plf-res, v. REMY W. TRAFELET, def-ap

3992. LARA S. TRAFELET, plf-res, v. REMY W. TRAFELET, def-ap — Stein Riso Mantel McDonough, LLP, New York (Kevin M. McDonough of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — Order, Supreme Court, New York County (Frank P. Nervo, J.), entered November 2, 2016, which denied that branch of defendant husband's motion for partial summary judgment seeking to dismiss so much of the divorce complaint as seeks equitable distribution of certain irrevocable trusts, and, in effect, denied his request for a protective order pursuant to CPLR 3103 with respect to the trusts, and granted plaintiff wife's cross motion to compel discovery to the extent of ordering the parties to agree on a discovery schedule, unanimously affirmed, without costs.

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3992. LARA S. TRAFELET, plf-res, v. REMY W. TRAFELET, def-ap — Stein Riso Mantel McDonough, LLP, New York (Kevin M. McDonough of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for res — Order, Supreme Court, New York County (Frank P. Nervo, J.), entered November 2, 2016, which denied that branch of defendant husband’s motion for partial summary judgment seeking to dismiss so much of the divorce complaint as seeks equitable distribution of certain irrevocable trusts, and, in effect, denied his request for a protective order pursuant to CPLR 3103 with respect to the trusts, and granted plaintiff wife’s cross motion to compel discovery to the extent of ordering the parties to agree on a discovery schedule, unanimously affirmed, without costs.

In this matrimonial action, the husband argues that trusts created early in the parties’ marriage for the benefit of their children, are, as a matter of law, non-marital assets, given that neither party is a beneficiary. Although plaintiff wife was previously a discretionary beneficiary of the larger of the trusts as husband’s “wife,” she relinquished beneficiary status upon divorce commencement per the terms of the trust. Husband’s motion not only seeks to protect the trusts from equitable distribution, but to place them beyond the reach of discovery.

LARA S. TRAFELET, plf-res, v. REMY W. TRAFELET, def-ap

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