LA ROCHELLE v. LA ROCHELLE


44 A.D.3d 1011 (2007)

845 N.Y.S.2d 793

MARLENE LA ROCHELLE, Respondent, v. ALIX LA ROCHELLE, Appellant.

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

Decided October 30, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment determining that the marital residence is her separate property is denied.

The parties were married in 1970 and purchased a residence in 1977. In 2004 the defendant executed a quitclaim deed conveying his interest in the residence to the plaintiff. After this action for a divorce was commenced in 2005, the plaintiff moved for summary...

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