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BARTHA v. BARTHA

15 A.D.3d 111 (2005)

789 N.Y.S.2d 13

CORDULA BARTHA, Respondent-Appellant v NICHOLAS BARTHA, Appellant-Respondent.

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

January 27, 2005.

Attorney(s) appearing for the Case

Ira E. Garr, P.C., New York City (Jane R. Slavin and Ira E. Garr of counsel), for appellant-respondent.

Polly N. Passonneau, P.C., New York City (Donna E. Bennick and Polly N. Passonneau of counsel), respondent-appellant.

BUCKLEY, P.J., TOM, ANDRIAS and MARLOW, JJ., concur.

OPINION OF THE COURT

Saxe, J.

The determination of equitable distribution made by the Special Referee and incorporated in the court's judgment is both inequitable and unsupported by the record in numerous respects; in particular, the conclusion that plaintiff had no right to any portion of the marital residence or its appreciation in value was contrary to fundamental principles of equitable distribution. Reversal of the financial provisions of the judgment...

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