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A sharply divided appellate court has upheld an equitable distribution award that gave a wife a 35 percent share of her husband's interest in a West Side townhouse he had purchased and managed. Grounding their analyses in different sections of the Domestic Relations Law �? one defining "marital property" and the other defining "separate property" ? a three-judge majority of the Appellate Division, First Department, and two dissenters last week reached diametrically opposite conclusions about whether the wife was entitled to anything from the property.
June 29, 2009 at 12:00 AM
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