LERNER v. LERNER


120 A.D.2d 243 (1986)

Edie Lerner, Appellant, v. Phyllis Lerner, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 1986


Attorney(s) appearing for the Case

Frederic Z. Konigsberg for appellant.

Harris L. Kimball for respondent.

BRACKEN, J. P., NIEHOFF and SPATT, JJ., concur.


WEINSTEIN, J.

The case before us presents the novel issue of whether a preretirement death benefit of a corporate pension plan falls within the scope of a separation agreement provision pertaining to insurance, which provision would have required the inclusion of the decedent's two children as beneficiaries. The plaintiff became the ex-wife of James Lerner, now deceased, in April 1978 pursuant to a final judgment...

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