GARNER v. GARNER


46 A.D.3d 1239 (2007)

848 N.Y.S.2d 741

GIOVANNA B. GARNER, Respondent, v. ANDREW W. GARNER, Appellant.

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

Decided December 27, 2007.


Carpinello, J.

In November 1998, after 13 years of marriage which produced four children, defendant disclosed to plaintiff that he was addicted to certain drugs and that he had had an extramarital affair earlier in their marriage. At this time, the parties agreed to stay married, but also entered into a postnuptial agreement in the event they eventually divorced. In such an eventuality, the agreement contained provisions detailing the division of separate and marital...

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