Gallagher v. Gallagher (Appellate Division, Fourth Department)

Both husband and wife appealed the decision of the Supreme Court. The husband felt that the court improperly calculated the value of the farm while the wife contended that the valuation date used by the court was in error. Furthermore, both parties stated that the court’s determination to award the wife 45% of the farm was inequitable. Upon reviewing the details, the appellate court determined that the date of commencement valuation was correct since the farm did not undergo any type of radical alteration subsequent to the commencement of action to date of trial. Secondly, the appellate court found that the farm was indeed incorrectly valued as the dept portion of the real property should be factored into the total value of the farm. Lastly, it was decided that the Supreme Court correctly assessed a 45% to the wife in distribution of the farm asset.