Legal Opinion

Momberger v. Momberger

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

Decided July 12, 2012PublishedCited by 4 opinions

1Opinion of the Court

Mercure, J.P.

In 2007, the parties executed a separation agreement, later incorporated but not merged into their April 2009 judgment of divorce, providing that plaintiff would pay defendant $1,000 a month in maintenance. Under the terms of the agreement, plaintiffs maintenance obligations would be either reduced if defendant inherited over $100,000 or terminated if the inheritance exceeded $200,000. In January 2009, defendant was deeded a remainder interest in her father’s residence, which was valued at over $200,000, subject to a life estate retained by the father. Upon the death of…

2Cases cited8 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Rainbow v. SwisherNew York Court of Appeals · 1988
  3. Gruen v. GruenNew York Court of Appeals · 1986
  4. Desautels v. DesautelsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Cerand v. BursteinAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by4 opinions

  1. Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 2014
  2. Vega v. PapaleoAppellate Division of the Supreme Court of the State of New York · 2014
  3. Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 2014
  4. Vega v. PapaleoAppellate Division of the Supreme Court of the State of New York · 2014

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