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EREDICS v. CHASE MANHATTAN

100 N.Y.2d 106 (2003)

790 N.E.2d 1166

760 N.Y.S.2d 737

RITA EREDICS, Also Known as RITA NICHOLAS, Respondent, v. CHASE MANHATTAN BANK, N.A., et al., Defendants, and FLUSHING SAVINGS BANK, F.S.B., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 8, 2003.

Attorney(s) appearing for the Case

Vincent F. Nicolasi, Bayside, for Flushing Savings Bank, appellant.

Randall T. Sims, New York City, for Demos G. Nicholas, appellant.

Jaspan Schlesinger Hoffman LLP, Garden City (John G. Farinacci, Jules J. Haskel and Stanley Harwood of counsel), for respondent.

Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

In November 1975, plaintiff, then 38, married decedent Nick G. Nicholas, then 45. They remained together, without children, until 1990 when they separated. In June 1995, they entered into a formal separation agreement and divorced later that year. The separation agreement provided:

"3. Except as set forth herein, each party shall own, free of any claim or right...

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