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MAZZARELLI v. MAZZARELLI

44 N.Y.2d 801 (1978)

Florence Mazzarelli, Appellant, v. Nicholas Mazzarelli, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1978.

Attorney(s) appearing for the Case

Barry M. Fallick and David A. Goldstein for appellant.

Bernard Dworkin for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in a memorandum.

MEMORANDUM.

The order appealed from should be affirmed, with costs. The Appellate Division has found, with regard to the property and assets held jointly, that respondent husband successfully rebutted the presumption of a gift which arises from the act of taking title jointly in the name of both spouses (see Kover v Kover, 29 N.Y.2d 408, 419). Reviewing this determination, as we...

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