Cucchiaro v. Cucchiaro
New York Supreme Court
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
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Majauskas v. MajauskasNew York Court of Appeals · 1984
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Gordon v. Bialystoker Center & Bikur Cholim, Inc.New York Court of Appeals · 1978
- Damiano v. DamianoAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by3 opinions
- Cohen v. CohenDistrict Court, S.D. New York · 2011
- Michael Urfirer v. Robert CornfeldCourt of Appeals for the Eleventh Circuit · 2005
- Freiman v. FreimanNew York Supreme Court · 1998