WALLACH v. WALLACH


204 A.D.2d 211 (1994)

612 N.Y.S.2d 33

Rita Wallach, Respondent-Appellant, v. Eugene Wallach, Appellant-Respondent

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

May 24, 1994


The trial court correctly determined that the 50 percent interest in Edmunton Gardens Businesses that plaintiff had acquired from her mother by gift and inheritance was separate property and that only the 50 percent share purchased in 1978 from plaintiff's brother was marital property. However, the portion of the interest in Edmunton Gardens that was marital property should simply have been apportioned on a 50-50 basis. Although it is true that, beginning in 1978, defendant...

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