ROTH v. ROTH


115 A.D.2d 975 (1985)

Patricia L. Roth, Appellant, v. John E. Roth, Respondent

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

December 20, 1985


Order unanimously modified, on the law, without costs, and, as modified, affirmed, and matter remitted to Supreme Court, Livingston County, for further proceedings, in accordance with the following memorandum:

In this action for divorce, plaintiff wife claims that marital property exists which was not covered by the parties' separation agreement, entered into on August 1980, and is therefore subject to equitable distribution. The trial court erred in holding that...

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