BEUDERT-RICHARD v. RICHARD

105870/08, 765.

72 A.D.3d 101 (2010)

894 N.Y.S.2d 22

MICHELE BEUDERT-RICHARD, Appellant, v. PAMELA RICHARD, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2010.


Attorney(s) appearing for the Case

Julie Hyman, P.C. , Bronx ( Julie Hyman of counsel), for appellant.

Toback, Bernstein & Reiss LLP, New York City ( Brian K. Bernstein of counsel), for respondent.

BUCKLEY, McGUIRE and ACOSTA, JJ., concur with SAXE, J.P.; MOSKOWITZ, J., dissents in a separate opinion.


OPINION OF THE COURT

SAXE, J.P.

Plaintiff Michele Beudert-Richard, the second wife and widow of decedent Adam Richard and executor of his estate, commenced this action against Adam's first wife, Pamela Richard, seeking to enforce a claim to share in the proceeds of the sale of a cooperative apartment that had been the joint marital property of Adam and Pamela before their divorce.

Pamela and Adam purchased...

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