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WIENER v. WIENER

57 A.D.3d 241 (2008)

868 N.Y.S.2d 197

SUSAN WIENER, Respondent-Appellant, v. JACK WIENER, Appellant-Respondent.

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

December 4, 2008.

Defendant placed the proceeds from the sale of his premarital apartment ($218,000) into the parties' joint account; he admitted that the money became "part of a fungible bulk." In addition, the parties then purchased a stock fund with money from the joint account. Under the circumstances, this commingling caused defendant's property to become marital property (see e.g. Chiotti v Chiotti, 12 A.D.3d 995

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