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VALLADARES v. VALLADARES

55 N.Y.2d 388 (1982)

Steven Valladares, Respondent, v. Anne B. Valladares, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1982.

Attorney(s) appearing for the Case

Daniel D. Abramtsov and Jacob Rabinowitz for appellant.

Alan Paul Ansell and Jay J. Davis for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs.

JONES, J.

A defendant in an action for divorce commenced prior to the effective date of the amendment to the Domestic Relations Law which enacted the "Equitable Distribution Law", was properly denied leave to amend her answer after that date to demand property distribution in accordance with the amended statute as an incident to a counterclaim for divorce set out in the proposed pleading.

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