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[*1]


Decided on June 23, 2004
Supreme Court, New York County

350155/04
Jacqueline W. Silbermann, J.
This is an omnibus motion by the plaintiff (hereinafter "wife") for an order granting pendente lite maintenance, child support, an order of protection,[FN1] custody, exclusive use and occupancy of the marital residence, injunctive relief and counsel fees. The defendant (hereinafter "husband") opposes the motion. Both parties are represented by counsel.
The parties were married on October 24, 1997. There are two children of the marriage, ages 4 and 2. The children live with the wife. The wife is 31 years old. Although she has not worked for the husband's piano business for approximately 6 years, (Def. Aff., p. 9, par. 22), the wife avers, and the husband admits, she receives a salary from the business of "up to $100,000 per year to maintain the household and pay for basic expenses" (Pl. Aff., p. 2, par. 8).
The husband is 59 years of age and owns a business known as "Pro Piano" which distributes and rents pianos. His net worth statement indicates he receives an annual "bonus" from the business of $150,000, and that his monthly expenses of $15,050 are paid by the business. His net worth statement reflects he has no cash accounts (checking or savings), securities, or business interests, other than Pro Piano New York. He admits ownership of property in Colorado, allegedly worth approximately $75,000, which was a gift from his parents. The net worth statement lists assets totaling approximately $875,000, and no liabilities.
Contrary to the husband's sworn affidavit and Statement of Net Worth, the wife submitted a copy of an "Irrevocable Statement of Ownership", sworn to November 9, 2001, by Danta Raso, a woman the wife asserts is the husband's paramour. The document indicates the husband is:
(1)
"the legal and bonafide owner of 50% of the corporate title/deed/assets/inventory/ name known as 'Pro Piano (San Francisco)' and 'Pro Piano (Los Angeles),' both California corporations;" as well as

(2)
"the legal and bonafide owner of 50% of the title/deed/property known as 'real estate' at 85

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