Burns v. Burns

OPINION OF THE COURT

Smith, J.

In this matrimonial action, the primary issue is whether the trial court erred by limiting the wife’s proof of the value of her husband’s interest in his law firm partnership to the value of his capital account. We conclude that there was error and we modify the Appellate Division order accordingly.

Plaintiff, Francine L. Burns, and defendant, Edward J. Burns, were married on December 30, 1972, subsequent to defendant’s achieving partnership status, in January 1972, at Nixon, Hargrave, Devans & Doyle, a Rochester law firm. At the time Mrs. Burns was 21 years of age…