Equitable Distribution: A Law in Search of Principles - 2009

SKU: Mahoney-Buntzman


by: Timothy M. Tippins

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The Court of Appeals handed down a pair of decisions on May 7, 2009 in which copious issues repose.[1]  In accordance with the seemingly inexorable gravitation toward the opaque that has marked appellate opinions in recent years, not all of the issues and their potential implications are immediately apparent from the opinions themselves.  Now more than ever before it is essential to go back to the underlying trial and Appellate Division opinions to fully appreciate what is at hand.  Such excavation is a particularly worthwhile enterprise in the present instance and yields insight into such matters as valuation date selection, equitable recoupment, judicial estoppel, quasi estoppel, classification and distribution of separate property appreciation, and treatment of excess pendente lite payments.  This monograph will explore these various issues in an effort to see where their threads fit within the tapestry of equitable distribution law and to discern the trends that they may presage.

[1] Mahoney-Buntzman v. Buntzman, 12 N.Y.3d 415, 909 N.E.2d 62, 881 N.Y.S.2d 369 (2009);  Johnson v. Chapin, 12 N.Y.3d 461, 909 N.E.2d 66, 881 N.Y.S.2d 373 (2009)


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