Shah v. Shah (Appellate Division, Second Department)

The plaintiff-husband  appeals the judgment of the Suffolk County Supreme Court which awards the defendant-wife 30% of his interest in Hi-Tech Trading, Inc., a company which was started by the plaintiff and a partner during the marriage.  Plaintiff’s interest was subsequently transferred to his partner shortly before the commencement of this action for no consideration.  The appellate court determined that the plaintiff’s appeal failed to adequately show that he invested in Hi-Tech with his separate property and thus, his interest, which was property acquired during the marriage, is presumed to be marital property and is subject to equitable distribution.