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KOSOVSKY v. ZAHL

257 A.D.2d 522 (1999)

684 N.Y.S.2d 524

KAREN A. KOSOVSKY, Respondent, v. KENNETH ZAHL, Appellant.

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

Decided January 26, 1999.

We agree with the trial court that "separate property" as defined in the parties' post-nuptial agreement includes appreciation thereon.

The court also properly determined that defendant failed to rebut the presumption that monies in a joint account constituted marital property since he did not establish that the source of the funds was his separate property (see, Lolli-Ghetti v Lolli-Ghetti, 165 A.D.2d 426, 432, lv denied...

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