EPPS v. EPPS


5 A.D.3d 903 (2004)

773 N.Y.S.2d 478

JEANNE L. EPPS, Appellant-Respondent, v. LAUREN L. EPPS, Respondent-Appellant.

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

March 11, 2004.


Crew III, J.P.

Pursuant to the parties' October 2000 stipulation of settlement, which was incorporated but not merged in their resulting judgment of divorce, defendant agreed to pay plaintiff weekly maintenance until such time as defendant "fully retires and [plaintiff] is eligible to collect . . . [defendant's] pension . . . and [plaintiff] is eligible for Social Security [b]enefits on [defendant's] account." Defendant thereafter accepted an early retirement incentive...

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