FIELDS v. FIELDS

301630/05, 4318, 4318A

65 A.D.3d 297 (2009)

882 N.Y.S.2d 67

RONALD FIELDS, Appellant, v. LUCILLE FIELDS, Respondent.

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

Decided June 25, 2009.


Attorney(s) appearing for the Case

Arnold Davis , New York City, for appellant.

Hoffman, Polland & Furman, PLLC, New York City ( Jessica Lee Leonard and Elliot R. Polland of counsel), for respondent.

MAZZARELLI, J.P., and RENWICK, J., concur with ACOSTA, J.; CATTERSON and McGUIRE, JJ., dissent in a separate opinion by McGUIRE, J.


OPINION OF THE COURT

ACOSTA, J.

In this action for divorce, plaintiff husband seeks to divest 69-year-old defendant wife of her equitable share of their marital residence, where they have lived continuously for over 31 years and raised their only child, on the basis that the townhouse is separate property that he owns and manages with his mother, and that defendant had no impact on its increase in value. We disagree with plaintiff's as well as the dissent...

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