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JANKE v. JANKE

47 A.D.2d 445 (1975)

Irene R. Janke, Respondent, v. William F. Janke, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 23, 1975

Attorney(s) appearing for the Case

Vincent D. Cardone (Bernard Sax of counsel), for appellant.

Thielman & Lalime (Philip A. Thielman of counsel), for respondent.

CARDAMONE, J. P., and MAHONEY, J., concur with GOLDMAN, J.; SIMONS and WITMER, JJ., dissent and vote to reverse the judgment and dismiss complaint in an opinion by SIMONS, J.

GOLDMAN, J.

Defendant-appellant, divorced husband of plaintiff-respondent, appeals from a judgment granted the wife in the sum of $37,393.52, which the trial court found to be the value of a one-half interest in a restaurant-tavern business. The court also found that the wife had a one-half interest in the real property in which the business was housed, which the parties stipulated had a value of $15,000. No...

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