GALLEN v. GALLEN

11458. 310701/11.

183 A.D.3d 425 (2020)

123 N.Y.S.3d 579

2020 NY Slip Op 02732

David Gallen, Appellant-Respondent, v. Nancy Gallen, Respondent-Appellant.

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

Decided May 7, 2020.


The trial court properly found that the increase in value in the Vanguard account in the plaintiff's name was due in part to active trading by plaintiff and to deposits of funds not traced to separate property. Accordingly, the trial court properly exercised its discretion in awarding defendant $494,626 from that account.

The court acted within its discretion in declining to award plaintiff a $20,000 credit for post-commencement transfers to defendant before his Chase...

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