Legal Opinion

Bartha v. Bartha

Appellate Division of the Supreme Court of the State of New York

Decided January 27, 2005PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.

The determination of equitable distribution made by the Special Referee and incorporated in the court’s judgment is both inequitable and unsupported by the record in numerous respects; in particular, the conclusion that plaintiff had no right to any portion of the marital residence or its appreciation in value was contrary to fundamental principles of equitable distribution. Reversal of the financial provisions of the judgment is therefore necessary.

Plaintiff Cordula Bartha, who was born in the Netherlands, emigrated with her family to Italy in 1960. She earned a…

2Cases cited10 opinions

  1. Price v. PriceNew York Court of Appeals · 1986
  2. Hartog v. HartogNew York Court of Appeals · 1995
  3. Hessen v. HessenNew York Court of Appeals · 1974
  4. DeJesus v. DeJesusNew York Court of Appeals · 1997
  5. Heine v. HeineAppellate Division of the Supreme Court of the State of New York · 1992

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Fields v. FieldsNew York Court of Appeals · 2010
  2. Milnarik v. MilnarikAppellate Division of the Supreme Court of the State of New York · 2005
  3. Morrow v. MorrowAppellate Division of the Supreme Court of the State of New York · 2005
  4. Davis v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2010
  5. New Hampshire Insurance v. BarthaAppellate Division of the Supreme Court of the State of New York · 2008

3 more not listed; retrieve them via the Exa API.

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