Legal Opinion
Montero v. McFarland
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 2010PublishedCited by 3 opinions
1Opinion of the CourtMcCarthy, J.
Appeal from an order of the Supreme Court (Devine, J.), entered May 18, 2009 in Schoharie County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.
In 1998, the parties entered into a stipulation that was incorporated into, but did not merge with, their judgment of divorce. The stipulation provided that plaintiffs pension with his employer would be divided between the parties pursuant to the Majauskas formula (see Majauskas v Majauskas, 61 NY2d 481 [1984]). In 2007, when plaintiff was below the age at which he could receive an ordinary…
2Cases cited10 opinions
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Rosenberger v. RosenbergerAppellate Division of the Supreme Court of the State of New York · 2009
- Ross v. RossAppellate Division of the Supreme Court of the State of New York · 2005
- Zebrowski v. ZebrowskiAppellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 2012
- Gursky v. GurskyAppellate Division of the Supreme Court of the State of New York · 2012
- LaPierre v. LaPierreAppellate Division of the Supreme Court of the State of New York · 2011