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SHERMAN v. EISENBERG

267 A.D.2d 29 (1999)

699 N.Y.S.2d 371

DAVID SHERMAN et al., Appellants, v. NAN S. EISENBERG et al., Respondents.

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

Decided December 7, 1999.

The three plaintiffs are the children of Irving Sherman and Helen Sherman. In 1965, Irving and Helen entered into a Separation Agreement in the context of their divorce; in their Separation Agreement Irving agreed to bequeath to the three children certain corporate stock.

In 1985, Irving, now remarried to defendant Thelma Sherman, asked his children to waive the benefits to which they were entitled under the Separation Agreement. In July and August 1985, each of the...

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