LaPOINT v. CLAYPOOLE

316 CA 20-00185.

195 A.D.3d 1541 (2021)

145 N.Y.S.3d 890

2021 NY Slip Op 03947

Renee LaPoint, Respondent, v. Kevin Claypoole, Appellant.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

KELLY WHITE DONOFRIO LLP, ROCHESTER ( DONALD A. WHITE OF COUNSEL), FOR DEFENDANT-APPELLANT.

WESLEY CLARK & PESHKIN LLP, ROCHESTER ( SARAH E. WESLEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by awarding defendant a separate property credit in the amount of $116,919.60 and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Defendant husband appeals from a judgment of divorce that, inter alia, equitably distributed the parties' marital assets. We agree with defendant that Supreme Court erroneously determined...

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