Legal Opinion · Dissent

Patricia B. v. Steven B.

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

Decided October 13, 1992Published

1Dissent

Miller, J.,

dissents in part, and votes to reduce the plaintiff’s distributive award to $158,000 and otherwise concurs, with the following memorandum:

I concur with the majority except insofar as I would modify the judgment differently in the following respects.

I would increase the value of the periodontal practice not only by increasing its gross receipts due to evidence of unreported cash and improper deductions, but I would also increase the per cent applied to gross receipts to determine the value of goodwill from 35% to 45% to reflect the markedly vigorous rate of growth of the practice.

Mor…

2Cases cited20 opinions

  1. Price v. PriceNew York Court of Appeals · 1986
  2. Blickstein v. BlicksteinAppellate Division of the Supreme Court of the State of New York · 1984
  3. Marcus v. MarcusAppellate Division of the Supreme Court of the State of New York · 1988
  4. Greenwald v. GreenwaldAppellate Division of the Supreme Court of the State of New York · 1991
  5. Dolan v. DolanNew York Court of Appeals · 1991

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