Legal Opinion

Fitzgibbon v. Fitzgibbon

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

Decided May 14, 1990PublishedCited by 8 opinions

1Opinion of the Court

In a matrimonial action in which the parties were divorced by judgment entered April 21, 1988, the plaintiff husband appeals from an order of the Supreme Court, Westchester County (Kaiser, J.H.O.), entered July 20, 1988, which denied his application for an equitable distribution of the increase in value of the marital residence.

Ordered that the order is affirmed, with costs.

We find unpersuasive the plaintiff’s contention that he is entitled to an equitable distribution of the appreciation in the value of the marital residence. It is undisputed that the residence itself is the separate…

2Cases cited4 opinions

  1. Barnes v. BarnesAppellate Division of the Supreme Court of the State of New York · 1984
  2. Mahlab v. MahlabAppellate Division of the Supreme Court of the State of New York · 1988
  3. Lisetza v. LisetzaAppellate Division of the Supreme Court of the State of New York · 1988
  4. Romano v. RomanoAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by8 opinions

  1. Pauk v. PaukAppellate Division of the Supreme Court of the State of New York · 1996
  2. Chan v. ChanAppellate Division of the Supreme Court of the State of New York · 1999
  3. Elmaleh v. ElmalehAppellate Division of the Supreme Court of the State of New York · 1992
  4. Imhof v. ImhofAppellate Division of the Supreme Court of the State of New York · 1999
  5. Nowik v. NowikAppellate Division of the Supreme Court of the State of New York · 1996

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