BOYLAN v. DODGE


42 A.D.3d 632 (2007)

839 N.Y.S.2d 580

VIRGINIA M. BOYLAN, Formerly Known as VIRGINIA M. DODGE, Respondent, v. HAROLD E. DODGE, Appellant.

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

Decided July 5, 2007.


Carpinello, J.

Following a 38-year marriage, the parties entered into a separation agreement in 1991 pursuant to which plaintiff was to receive a 41% share of defendant's monthly pension upon his retirement. A judgment of divorce was entered on November 13, 1992 and defendant retired shortly thereafter without telling plaintiff. According to plaintiff, she did not know that defendant retired and never received her share of the pension during his first 12 years of...

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