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RUGG v. RUGG

3 A.D.3d 527 (2004)

770 N.Y.S.2d 629

GARY A. RUGG, Respondent, v. BETTY A. RUGG, Appellant.

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

January 20, 2004.

Ordered that the order is affirmed, with costs.

The defendant's motion to hold the plaintiff in contempt for failing to effectuate the transfer of one half of the value of his annuity was properly denied. Contempt requires a showing of willfulness (see Fox v Fox, 120 A.D.2d 488 [1986]; Pinto v Pinto, 120 A.D.2d 337 [1986]). Since there was...

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