HORN v. HORN (App. Div. 2nd Dep’t)

Defendant-husband appealed the decision of the Supreme Court which denied his application for a separate property credit on the marital home and denied his request for equitable distribution of the plaintiff-wife’s Estee Lauder vested stock option plan.  The Appellate Court held that the lower court providently exercised its discretion in precluding defendant from offering documentary evidence in support of his claim for separate property credit as to the down payment on the marital residence as he “willfully and contumaciously failed to comply with the plaintiff’s timely discovery requests.”  Additionally, the lower court also providently exercised its discretion in denying the defendant’s request for equitable distribution of Estee Lauder stop options because there was insufficient evidence of its existence or value.

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