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MARTINUCCI v. MARTINUCCI

288 A.D.2d 444 (2001)

737 N.Y.S.2d 371

JANE MARTINUCCI, Respondent, v. JOHN J. MARTINUCCI, Appellant.

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

Decided November 26, 2001.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Trial courts have the discretion to select valuation dates "which are appropriate and fair under the particular facts and circumstances presented" (Cohn v Cohn, 155 A.D.2d 412, 413). Under the circumstances of this case, the court providently exercised its discretion in denying the defendant's motion to fix the date of the commencement of the plaintiff...

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