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BURNS v. BURNS

84 N.Y.2d 369 (1994)

643 N.E.2d 80

618 N.Y.S.2d 761

Francine L. Burns, Appellant-Respondent, v. Edward J. Burns, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 1, 1994.

Attorney(s) appearing for the Case

Francine L. Burns, Rochester, appellant-respondent pro se.

Alfred P. Kremer, Rochester, for respondent-appellant.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

In this matrimonial action, the primary issue is whether the trial court erred by limiting the wife's proof of the value of her husband's interest in his law firm partnership to the value of his capital account. We conclude that there was error and we modify the Appellate Division order accordingly.

Plaintiff, Francine L. Burns, and defendant, Edward J. Burns, were married on December 30, 1972...

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