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DUTTON v. DUTTON

265 A.D.2d 872 (1999)

696 N.Y.S.2d 339

MARJORIE A. DUTTON, Respondent, v. THOMAS W. DUTTON, Appellant. (Appeal No. 3.)

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

Decided October 1, 1999.

Amended judgment unanimously reversed on the law without costs and complaint dismissed.

Memorandum:

Supreme Court erred in requiring defendant to continue paying maintenance to plaintiff despite his retirement from the Eastman Kodak Company (Kodak). The agreement of the parties, placed upon the record by plaintiff's attorney and incorporated into the judgment of divorce, clearly and unambiguously provides that maintenance...

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