SPIELFOGEL v. SPIELFOGEL

7862, M-1745, 350249/07, 2072.

96 A.D.3d 443 (2012)

947 N.Y.S.2d 56

2012 NY Slip Op 4390

ELIZABETH A. SPIELFOGEL, Respondent-Appellant, v. LARRY R. SPIELFOGEL, Appellant-Respondent.

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

June 7, 2012.


Contrary to the trial court's finding, defendant rebutted the presumption that the shares of Bambu that he acquired in 1994 were marital property. The uncontradicted testimony of two witnesses established that defendant's mother paid for the shares that were transferred to defendant. The court did not call into question the credibility of this testimony, but erroneously concluded that the testimony was not sufficient to meet defendant's burden of proving that the acquired...

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