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KINBERG v. KINBERG

3315, 1628/06, 21593/06

77 A.D.3d 422 (2010)

909 N.Y.S.2d 48

SARA KINBERG, Appellant, v. YORAM KINBERG, Respondent. SARA KINBERG, Appellant, v. JANE BEVANS, Respondent.

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

Decided October 7, 2010.

The trial court correctly determined that Kinberg did not breach the provisions of the parties' September 2000 settlement agreement relating to his 401(k) account. Under the plain meaning of those provisions, Kinberg was only obligated to "execute and consent to the entry" of a qualified domestic relations order (QDRO), not prepare one. Any obligation on Kinberg's part to prepare and submit a QDRO arose subsequently, in a March 2002 order, with which Kinberg complied, and...

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