GENGER v. GENGER

10440, 104249/07.

107 A.D.3d 576 (2013)

966 N.Y.S.2d 861

2013 NY Slip Op 4713

ARIE GENGER, Appellant, v. SAGI GENGER et al., Respondents.

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

Decided June 20, 2013.


We disagree with the Supreme Court's finding that it was the province of the auditor to make the initial determination as to whether the notes at issue were marital assets, and that it was then the province of the arbitrator to make the final determination if plaintiff Arie Genger chose to challenge the auditor's determination. Arie and Dalia's divorce settlement stipulation entitled Dalia to audit Arie's assets and liabilities "as of the date of commencement of the parties...

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