Legal Opinion

Cucchiaro v. Cucchiaro

New York Supreme Court

Decided April 13, 1995PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

John P. DiBlasi, J.

In Majauskas v Majauskas (61 NY2d 481, 485-486 [1984]), the Court of Appeals announced the rule that "[v]ested rights in a noncontributory pension plan are marital property to the extent that they were acquired between the date of the marriage and the commencement of a matrimonial action”. The question to be resolved on these summary judgment motions is whether defendant’s failure to inform plaintiff, prior to their execution of a pre-Majauskas separation agreement, that his pension rights, whose existence were known to plaintiff, were marital property…

2Cases cited34 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Majauskas v. MajauskasNew York Court of Appeals · 1984
  3. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  4. Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978
  5. Damiano v. DamianoAppellate Division of the Supreme Court of the State of New York · 1983

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3Cited by3 opinions

  1. Cohen v. CohenDistrict Court, S.D. New York · 2011
  2. Michael Urfirer v. Robert CornfeldCourt of Appeals for the Eleventh Circuit · 2005
  3. Freiman v. FreimanNew York Supreme Court · 1998

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