Lerner v. Lerner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Weinstein, J.
The case before us presents the novel issue of whether a preretirement death benefit of a corporate pension plan falls within the scope of a separation agreement provision pertaining to insurance, which provision would have required the inclusion of the decedent’s two children as beneficiaries. The plaintiff became the ex-wife of James Lerner, now deceased, in April 1978 pursuant to a final judgment of divorce. Incorporated but not merged in that judgment is the separation agreement entered into between those parties on February 26, 1976. The plaintiff’s…
2Cases cited13 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Mencher v. WeissNew York Court of Appeals · 1953
- Aron v. GillmanNew York Court of Appeals · 1955
- Loblaw, Inc. v. Employers' Liability Assurance Corp.New York Court of Appeals · 1982
- Morgan v. HerzogNew York Court of Appeals · 1950
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- Keith v. KeithAppellate Division of the Supreme Court of the State of New York · 1997
- Teig v. Suffolk Oral Surgery AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
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