Wiener v. Wiener

Defendant placed the proceeds from the sale of his premarital apartment ($218,000) into the parties’ joint account; he admitted that the money became “part of a fungible bulk.” In addi*242tion, the parties then purchased a stock fund with money from the joint account. Under the circumstances, this commingling caused defendant’s property to become marital property (see e.g. Chiotti v Chiotti, 12 AD3d 995, 996-997 [2004]; Rheinstein v Rheinstein, 245 AD2d 1024, 1025-1026 [1997]). Even if, arguendo, defendant placed the proceeds from the sale of his premarital apartment into the parties’ joint…