MANGANIELLO v. LIPMAN

2793, 105175/08.

74 A.D.3d 667 (2010)

905 N.Y.S.2d 153

FABRIZIO MANGANIELLO, Appellant, v. DONNA LIPMAN, Also Known as DONNA MANGANIELLO, Respondent.

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

Decided June 24, 2010.


The judgment of divorce does not bar this action for partition of the parties' condominium, which was gifted to the couple during their marriage by defendant's parents. Because the parties did not apprise the matrimonial court that they owned marital property, the judgment and underlying orders do not explicitly address the disposition of the condominium, and there is no basis to infer from the generalized property division language of the pleadings in the divorce action...

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