Legal Opinion

Howe v. Howe

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

Decided September 29, 2009PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Spolzino, J.P.

On this appeal and cross appeal, the parties raise, principally, two significant issues related to the equitable distribution of the marital estate. The plaintiff asks us to determine that a portion of his New York City Fire Department disability pension is his separate property, despite the lack of evidence in the record by which the disability and nondisability portions of the pension can be distinguished. On the cross appeal, the defendant asks us to hold that the portion of the plaintiffs September 11th Victim Compensation Fund award that is designated as…

2Cases cited31 opinions

  1. Majauskas v. MajauskasNew York Court of Appeals · 1984
  2. Hartog v. HartogNew York Court of Appeals · 1995
  3. Samiento v. World Yacht Inc.New York Court of Appeals · 2008
  4. People v. SantiNew York Court of Appeals · 2004
  5. People v. FinleyNew York Court of Appeals · 2008

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3Cited by9 opinions

  1. Trajkovic v. TrajkovicAppellate Division of the Supreme Court of the State of New York · 2012
  2. Huffman v. HuffmanAppellate Division of the Supreme Court of the State of New York · 2011
  3. Nugent-Schubert v. SchubertAppellate Division of the Supreme Court of the State of New York · 2011
  4. Harris v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
  5. Eschemuller v. EschemullerAppellate Division of the Supreme Court of the State of New York · 2018

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