Cowles v. Stahmer

Sullivan, J. P.,

dissents in part in a Memorandum as follows: I disagree with the majority’s conclusion that the IAS Court correctly attributed only 25% of the appreciation of the husband’s separate property, i.e., his investment accounts, to the marital estate. After determining, as a factual matter, that the husband’s efforts and actions during the years of the marriage affected the fluctuation in value of his investments, the entire resultant appreciation should have been attributed to *106the marital estate. Since the trial court concluded, and the majority does not disagree, that the wife was…