THURBER v. THURBER


281 A.D.2d 410 (2001)

721 N.Y.S.2d 288

DORIS THURBER, Appellant, v. KENNETH THURBER, Respondent.

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

Decided March 5, 2001.


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the complaint. The appellant failed to establish by a preponderance of the evidence that the respondent's retention of certain marital property constituted unjust enrichment (see, Sharp v Kosmalski, 40 N.Y.2d 119).

The appellant's remaining contentions are without merit (see, Matter of Gould v Board of Educ.,

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