Legal Opinion

Felix v. Felix

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2011PublishedCited by 6 opinions

1Opinion of the Court

*1107Contrary to the defendant’s contentions, the Supreme Court did not err in awarding a portion of his retirement benefits to the plaintiff (see Majauskas v Majauskas, 61 NY2d 481 [1984]). The plaintiff was not seeking an immediate payment of her share of the retirement benefits, so a valuation of them as a lump sum was unnecessary (see Koeth v Koeth, 309 AD2d 786 [2003]). Sufficient evidence was presented at trial to support the Supreme Court’s determination that the plaintiff was entitled to 50% of the marital share of those benefits. In addition, the Supreme Court providently exercised its…

2Cases cited11 opinions

  1. Majauskas v. MajauskasNew York Court of Appeals · 1984
  2. Granade-Bastuck v. BastuckAppellate Division of the Supreme Court of the State of New York · 1998
  3. Bibas v. BibasAppellate Division of the Supreme Court of the State of New York · 2009
  4. Diblasi v. DiblasiAppellate Division of the Supreme Court of the State of New York · 2008
  5. Haines v. HainesAppellate Division of the Supreme Court of the State of New York · 2007

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3Cited by6 opinions

  1. Mejia v. MejiaAppellate Division of the Supreme Court of the State of New York · 2013
  2. Lewis v. LewisAppellate Division of the Supreme Court of the State of New York · 2014
  3. Dochter v. DochterAppellate Division of the Supreme Court of the State of New York · 2014
  4. Dochter v. DochterAppellate Division of the Supreme Court of the State of New York · 2014
  5. Lewis v. LewisAppellate Division of the Supreme Court of the State of New York · 2014

1 more not listed; retrieve them via the Exa API.

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