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GARCIA v. GARCIA

2018-15046. Index No. 21001/10.

200 A.D.3d 652 (2021)

154 N.Y.S.3d 855

2021 NY Slip Op 06674

Elizabeth Garcia, Appellant, v. Leoncio D. Garcia, Respondent.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Ross & Asmar, LLC, New York, NY ( Steven B. Ross of counsel), for appellant.

Gerald M. Hertz, PLLC, Great Neck, NY, for respondent.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.

Ordered that the judgment of divorce is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provision thereof valuing the marital residence at $305,000 and awarding the defendant 45% of that value, or $137,250, and substituting therefor a provision denying the defendant a distributive award from the marital residence; as so modified, the judgment of divorce is affirmed insofar as appealed from...

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