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McMAHON v. McMAHON

187 Misc.2d 364 (2001)

722 N.Y.S.2d 723

JOHN McMAHON, Plaintiff, v. JULIE McMAHON, Defendant.

Supreme Court, New York County.

February 27, 2001.

Attorney(s) appearing for the Case

Davidoff & Malito L. L. P., New York City (Ira Garr and Ellyn D. Kessler of counsel), for plaintiff.

Bender & Katz L. L. P., New York City (Susan L. Bender of counsel), for defendant.

OPINION OF THE COURT

JUDITH J. GISCHE, J.

The gravamen of the dispute between the parties, on these motions, is whether the commencement date of a prior action of divorce should be utilized in determining whether property is "marital" or "separate" for equitable distribution purposes. The resolution of this dispute is crucial because after the commencement of the first action for divorce, but before the commencement...

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