HERSKOVITZ v. KLEIN

2011-04064

91 A.D.3d 598 (2012)

937 N.Y.S.2d 256

2012 NY Slip Op 180

PAUL J. HERSKOVITZ, Respondent, v. ESTHER EMERALD KLEIN, Appellant.

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

Decided January 10, 2012.


Ordered that the order is affirmed insofar as appealed from, with costs.

The husband commenced this action for a divorce and ancillary relief. The wife interposed an answer asserting three counterclaims against the husband. The third counterclaim sought to recover damages for "theft of intellectual property." It is undisputed that the alleged intellectual property does not constitute marital property, and the wife does not contend that it affects equitable distribution...

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