Caravaggio v. Retirement Board of the Teachers' Retirement System

Chief Judge Breitel.

This appeal involves two conflicting claims to a fund held by the Retirement Board of the New York City Teachers’ Retirement System. The fund consists of benefits payable on death of the late Daniel P. Caravaggio, a former member of the Retirement System, who had died shortly after retirement.

Plaintiff Rose Caravaggio was decedent’s first wife. She claims the fund as an allegedly irrevocably designated beneficiary under a separation agreement made with decedent prior to their divorce. Interpleaded defendant Helen Caravaggio was decedent’s second wife, who lived with him…