APPLEBAUM v. APPLEBAUM


142 A.D.2d 300 (1988)

Adele Applebaum, Respondent-Appellant, v. Alan Applebaum, Appellant-Respondent

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

December 22, 1988


Attorney(s) appearing for the Case

Joel S. Stern of counsel (Stern, Fixler, Wiener & Levy, attorneys), for respondent-appellant.

Ira Richard Bennett attorney for appellant-respondent.

MILONAS, KASSAL and SMITH, JJ., concur.


SULLIVAN, J.

On these cross appeals from a judgment of divorce one of the issues raised by the wife is whether the court properly determined that a cooperative apartment owned solely by her and used as her principal residence is marital property. We conclude that the circumstances of the purchase and the husband's abandonment of any rights he had in the apartment militate against such a finding, and thus award...

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