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Classifying Personal Injury Settlements in the Second Department

By Thomas A. Elliot

In article in last month's issue of this newsletter discussed the facts of the recent case of Howe v. Howe, ___ A.D.3d ___, ___ N.Y.S.2d ____, 2009 WL 3136332 (2d Dept. 2009), and its outcome in the Appellate Division, Second Judicial Department. The case addressed several important issues concerning the classification of personal injury awards and disability benefits in a divorce action. It also dealt with the quantum of evidence required to show that an asset should be treated as economic, rather than disability, compensation.

There are some important lessons matrimonial attorneys practicing in the Second Department should take from this case. Let's explore some of them.

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