BENJAMIN v. BENJAMIN


249 A.D.2d 348 (1998)

670 N.Y.S.2d 361

Park Benjamin Iii, Respondent, v. Candice L. J. Benjamin, Appellant

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

April 13, 1998


Ordered that the order is modified, as a matter of discretion in the interest of justice, by deleting the provision thereof which denied the motion in its entirety and substituting therefor a provision granting the motion to the extent of modifying the judgment by adding a provision thereto severing the plaintiff's cause of action for equitable distribution; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant, and the matter is remitted...

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