Genger v. Genger

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered May 14, 2012, which, inter alia, granted defendant Dalia Genger’s motion, pursuant to CPLR 3211 (a), dismissing the complaint, unanimously reversed, on the law, without costs and the motion denied.

We disagree with the Supreme Court’s finding that it was the province of the auditor to make the initial determination as to whether the notes at issue were marital assets, and that it was then the province of the arbitrator to make the final determination if plaintiff Arie Genger chose to challenge the auditor’s determination.…