MECCARIELLO v. MECCARIELLO


46 A.D.3d 640 (2007)

847 N.Y.S.2d 618

NUNZIO MECCARIELLO, Respondent, v. JANET MECCARIELLO, Appellant.

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

Decided December 11, 2007.


Ordered that the judgment is modified, on the facts and in the exercise of discretion, by deleting the provision awarding the defendant 25% of the 30% portion of the business that the plaintiff acquired in 1997 and substituting therefor a provision awarding the defendant 40% of the 30% portion; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the defendant's contention, the plaintiff demonstrated, through...

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