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Bad Law on Double Dipping

By Lee Rosenberg
June 22, 2010

In last month's newsletter, we looked at the case of Rodriguez v. Rodriguez, 70 AD3d 799 (2d Dept. 2010), in which the Appellate Division, Second Department, correctly found Supreme Court had erred by distributing the value of a service business and awarding spousal support from the income stream from that business, amounting to impermissible “double dipping.” A month later, a different panel of the Second Department came to the opposite conclusion, throwing the issue into confusion.

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