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K. v. B.

13 A.D.3d 12 (2004)

784 N.Y.S.2d 76

K., Respondent, v. B., Appellant.

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

November 9, 2004.

Attorney(s) appearing for the Case

Ronald Cohen, New York City, for appellant.

Katten Muchin Zavis Rosenman, New York City (Bernard E. Clair of counsel), for respondent.

BUCKLEY, P.J., and ELLERIN, J., concur with MARLOW, J.; ELLERIN, J., concurs in a separate opinion; SAXE and GONZALEZ, JJ., dissent in part in a separate opinion by SAXE, J.

OPINION OF THE COURT

MARLOW, J.

This appeal presents an unusual set of facts, whose most pertinent aspects are substantially set forth in the dissent. The parties' marriage was unconventional in certain ways, but that lack of convention does not, as the defendant husband would have it, trump the settled equitable distribution principles which have evolved in New York since 1980. For that reason we most respectfully disagree with our dissenting colleague...

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