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JOHN SHEN, Appellant-Respondent, v. HUILAN JEN, Respondent-Appellant.

The record indicates that the court was informed during the trial that plaintiff husband had bought the apartment where he and defendant had lived together and that it constituted marital property. However, this asset was not included in the plaintiff's statement of net worth and the court did not take it into consideration in its award. Since it had been used jointly as marital home and office since 1972 and plaintiff purchased it at the "insider's" price, the market value of this apartment should have been ascertained and included in the marital assets as to which the court made an equitable distribution.

We have examined the remaining contentions made by the parties and find them to be without merit.

Concur — Sandler, J.P., Ross, Asch, Kassal and Ellerin, JJ.

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SHEN v. JEN
(Nov 12, 1987)