SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
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AFFFIDAVIT
FOR THE RECORD Index
No. M-705-95
ADRIANNE MURTARI,
Plaintiff,
- against -
JOHN MURTARI,
Defendant.
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State of
New York )
County of
Onondaga ) ss:
JOHN
MURTARI, being duly sworn, deposes and states:
1.
I am
the defendant in this action, and I make this affidavit in support of the
attached letter.
2.
I
have never physically threatened my wife; nor have I ever hit or pushed
her in any way.
3.
I
have never addressed my wife in a threatening manner; nor have I used
the possibility of divorce as a threat against here. Yes, we had significant
differences; for example, I did talk about divorce when I realized my wife did
not want to have children. This was
done in the context of one partner in a relationship letting the other know
their planned behavior would cause a severe breech in the relationship -- it
was never said lightly, or as a “threat”.
4.
I
have never told my wife that if I had to do over again, I would not
marry her. Yes, she has told me these
are her feelings, but I do not think that way, what’s done is done. We have a wonderful son and I have no
regrets and would do it all again if I had the chance.
5.
I
believe in a marriage partnership and have never sought complete control over
our assets or my wife’s actions or life.
6.
I
have not attempted to set up a separate household within our home.
7.
With
regards to “locking” the ignition on one of our vehicles. I did disconnect the batter cable on our
minivan. In previous winters we had
always taken that car off the road; it was the car I usually drove. After we
had purchased the minivan I had wanted my wife to drive it; she did not like
the car -- too big and hard to park at S.U.
In the winter I drove an old Chevy Nova; my wife would use our Honda
both summer and winter. This winter my wife suddenly told me she wanted to
drive “her” car (which seemed positioning related to her desire for
divorce). I told her I wanted to keep
it off the road to keep the mileage down and salt off and please not to drive
it. She ignored my requests. I was not
working at the time and did the oil changes on the minivan. After “skinning my knuckles” I began to
realize I was caring for a car she was using to conduct an affair. I remember
deliberating for a while about what to do.
I had been willing to accept adultery for the sake of keeping peace in
the home; but to maintain the vehicle for her visits was just a little too much
-- especially since she had a perfectly good care. My wife had the Honda to drive and I again asked her to please
not use the car or I would disable it.
She ignored me and I disconnected the battery. It was also in this time frame that she stopped making the
mortgage payment -- her share of the monthly expenses.
8.
I
have never “put down” any of her friends.
I do not believe in that and for the most part we shared a common circle
of friends.
9.
My
wife was well aware that I was starting a business in the home. I not only told her of my plans; but a
friend of ours came over to help me build an office in the basement over a
period of several weeks. It is correct
that I did not ask her permission; but at no time did she disapprove (until I
read it in her affidavit).
10.
My
wife was aware of my plans to hire an employee. I told her when I started running an ad in the Herald Journal and
also when I started interviewing candidates.
I was careful in my screening and found a person whose spouse is a
biologist at Bristol Labs and they have a 4 year old daughter. Entrance to our basement can be made from
our garage, through the laundry room, without entering the normal living spaces
of the home. I made it clear to this
person they would not be able to use our kitchen or refrigerator -- the laundry
room does have a half bath. I consider this a temporary measure until business
grows and we can afford regular office space. It is correct that I did not ask
my wife’s permission; but at no time did she disapprove (until I read it in her
affidavit).
JOHN
MURTARI
Sworn to
before me this
18th day
of September, 1995.
______________________________
Notary
Public