BERNSTEIN v. BERNSTEIN

Based upon the evidence adduced, together with the unfavorable inferences drawn from defendant's failure to produce certain documents and the court's assessment of the credibility of the witnesses (Claridge Gardens v Menotti, 160 A.D.2d 544, 544-545), the court properly determined that plaintiff's resort to the enforcement devices listed in Domestic Relations Law § 245 would have been futile and that the husband had the ability to pay the arrearages. Defendant's other contentions are without merit.

Concur — Murphy, P.J., Carro, Rosenberger and Asch, JJ.