FITZGIBBON v. FITZGIBBON


161 A.D.2d 619 (1990)

Thomas J. Fitzgibbon, Appellant, v. Maria H. Fitzgibbon, Respondent

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

May 14, 1990


Ordered that the order is affirmed, with costs.

We find unpersuasive the plaintiff's contention that he is entitled to an equitable distribution of the appreciation in the value of the marital residence. It is undisputed that the residence itself is the separate property of the defendant wife. Domestic Relations Law § 236 (B) (1) (d) (3) defines "separate property" in relevant part as "the increase in value of separate property, except to the extent that such...

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