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TEACHERS INSURANCE AND ANNUITY ASSOCIATION v. TEDESCHI

3 A.D.3d 671 (2004)

771 N.Y.S.2d 238

TEACHERS INSURANCE AND ANNUITY ASSOCIATION et al., Respondents, v. VALENTINA M. TEDESCHI, Individually and as Executor of JAMES T. TEDESCHI, Appellant-Respondent, and LEATHA B. FARRELL, Respondent-Appellant.

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

January 15, 2004.

Peters, J.

Defendant Leatha B. Farrell and James T. Tedeschi (hereinafter decedent) were married in 1952 and had five children. In 1979, they entered into a separation agreement which stated, in relevant part, as follows:

"The husband agrees to keep and maintain . . . the life insurance coverage currently in force through his employment by the State University of New York, and maintain the wife as the irrevocable...

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