Kinberg v. Kinberg

*423Order, Supreme Court, Bronx County (Ellen Gesmer, J.), entered June 22, 2009, which, in postdivorce proceedings, dismissed certain claims asserted by plaintiff against defendant Kinberg (Kinberg), plaintiffs former husband, and defendant Be vans, Kinberg’s former attorney, unanimously affirmed, without costs.

The trial court correctly determined that Kinberg did not breach the provisions of the parties’ September 2000 settlement agreement relating to his 401(k) account. Under the plain meaning of those provisions, Kinberg was only obligated to “execute and consent to the entry” of a qualified…