HAYNES v. TOMA


300 A.D.2d 357 (2002)

751 N.Y.S.2d 771

ROBERT HAYNES, Appellant, v. GAIL C. TOMA, Respondent.

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

Decided December 9, 2002.


Ordered that the judgment is modified by deleting the provision thereof distributing 50% of the Lehman Brothers account; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff contends that the Supreme Court erred in finding that a $40,000 advance from the plaintiff's father for a down payment on the marital residence was a gift to both parties. The plaintiff asserts that the money was a loan to him alone....

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