Embury v. Embury
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*804Contrary to the defendant’s contention, the Supreme Court properly determined that certain real property located in Yorktown Heights, New York, which was gifted to the plaintiff by her mother during the marriage, was the plaintiffs separate property. “ ‘Property acquired during the marriage is presumed to be marital property and the party seeking to overcome such presumption has the burden of proving that the property in dispute is separate property’ ” (Massimi v Massimi, 35 AD3d 400, 402 [2006], quoting Judson v Judson, 255 AD2d 656, 657 [1998]; see Domestic Relations Law § 236 [B] [1] [c],…
2Cases cited20 opinions
- MATTER OF POWERS v. PowersNew York Court of Appeals · 1995
- MATTER OF CASSANO v. CassanoNew York Court of Appeals · 1995
- Price v. PriceNew York Court of Appeals · 1986
- Hartog v. HartogNew York Court of Appeals · 1995
- Holterman v. HoltermanNew York Court of Appeals · 2004
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bibas v. BibasAppellate Division of the Supreme Court of the State of New York · 2009
- Scher v. ScherAppellate Division of the Supreme Court of the State of New York · 2012
- Schwartz v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2009
- Iarocci v. IarocciAppellate Division of the Supreme Court of the State of New York · 2012
- Patete v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2013
23 more not listed; retrieve them via the Exa API.