Garner v. Garner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from a judgment of the Supreme Court (Breen, J.), entered October 14, 2005 in Warren County, ordering, among other things, equitable distribution of the parties’ marital property, upon a decision of the court.
In November 1998, after 13 years of marriage which produced four children, defendant disclosed to plaintiff that he was addicted to certain drugs and that he had had an extramarital affair earlier in their marriage. At this time, the parties agreed to stay married, but also entered into a postnuptial agreement in the event they eventually divorced. In such an eventuality, the…
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