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HOWARD S. v. LILLIAN S.

62 A.D.3d 187 (2009)

876 N.Y.S.2d 351

HOWARD S., Appellant, v. LILLIAN S., Respondent. RYAN M., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 17, 2009.

Attorney(s) appearing for the Case

Blank Rome, LLP, New York City (Donald Frank, Leonard G. Florescue and Jennifer S. Smith of counsel), for appellant.

Mischel & Horn, P.C., New York City (Scott T. Horn of counsel), and Berkman, Bottger & Rodd, LLP, New York City, for Lillian S., respondent.

SAXE, J.P., MOSKOWITZ and RENWICK, JJ., concur with FREEDMAN, J., NARDELLI, J., dissents in a separate opinion.

OPINION OF THE COURT

FREEDMAN, J.

This interlocutory appeal in a matrimonial action raises two issues. The first is whether defendant wife's alleged misrepresentation to plaintiff husband that he was the biological father of one of their children, when in fact the child was conceived during her adultery and fathered by her lover, constitutes "egregious fault" sufficient to be considered in equitably distributing...

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