Cleary v. Cleary
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: The court did not abuse its discretion in failing to award plaintiff a portion of defendant’s pension. Plaintiff never specifically requested a distribution of defendant’s pension (see, Del Gado v Del Gado, 129 AD2d 426, 428), and there was no proof at trial of the value of the pension, which was vested and had an actuarial value (see, Michalek v Michalek, 114 AD2d 655, 657, Iv denied 69 NY2d 602). Although plaintiff did not have a pension, she earned more than…
2Cases cited6 opinions
- Coffey v. CoffeyAppellate Division of the Supreme Court of the State of New York · 1986
- Gelb v. BrownAppellate Division of the Supreme Court of the State of New York · 1990
- Michalek v. MichalekAppellate Division of the Supreme Court of the State of New York · 1985
- Berge v. BergeAppellate Division of the Supreme Court of the State of New York · 1990
- Monks v. MonksAppellate Division of the Supreme Court of the State of New York · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Zurner v. ZurnerAppellate Division of the Supreme Court of the State of New York · 1995
- Urtis v. UrtisAppellate Division of the Supreme Court of the State of New York · 1992
- Anderson v. AndersonAppellate Division of the Supreme Court of the State of New York · 2001
- Levigne v. LevigneAppellate Division of the Supreme Court of the State of New York · 1995
- Panossian v. PanossianAppellate Division of the Supreme Court of the State of New York · 1994
7 more not listed; retrieve them via the Exa API.