# Brown v. Brown

> Appellate Division of the Supreme Court of the State of New York · April 15, 1994 · 203 A.D.2d 912

URL: https://www.frixlaw.com/law-library/cases/5974848

## Case

- **Full name:** Richard H. Brown v. Frances Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 15, 1994
- **Citations:** 203 A.D.2d 912; 611 N.Y.S.2d 65; 1994 N.Y. App. Div. LEXIS 4899
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5974848

## Opinion text

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in awarding plaintiff 25% of the appreciation in defendant’s Investment Management Account at Chase Lincoln First Bank. The account was defendant’s separate property and the appreciation in the account during the marriage was not due to defendant’s efforts but, rather, was due to the bank’s management of the account, market forces, and the 1984 deposit of an inheritance from defendant’s father. Consequently, plaintiff has no claim to a share of the appreciation (see, Price v Price, 69 NY2d 8, 18 ; Robertson v Robertson, 186 AD2d 124 ). We modify the judgment, therefore, to reduce plaintiffs distributive award from $96,989.50 to $47,039.50, and otherwise affirm. We have examined defendant’s remaining argument and find it to be without merit. (Appeal from *913 Judgment of Supreme Court, Monroe County, Wagner, J.H.O. —Equitable Distribution.) Present — Denman, P. J., Balio, Lawton, Doerr and Davis, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5974848. Public record. Not legal advice.