EMERY v. EMERY


166 A.D.2d 787 (1990)

Arthur E. Emery, Appellant, v. Mary Emery, Respondent

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

October 18, 1990


Levine, J.

Plaintiff and defendant were divorced in July 1975, pursuant to a judgment of divorce entered in Schenectady County. Said judgment incorporated the parties' 1973 separation agreement, which provides in pertinent part that, upon defendant's retirement, plaintiff will "make periodic payments to [defendant] of an amount equal to his own net retirement income * * * minus [defendant's] net retirement income".

Following defendant's retirement...

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