BURN v. BURN

8839N, 314953/03.

101 A.D.3d 488 (2012)

956 N.Y.S.2d 19

2012 NY Slip Op 8641

ELAINE K. BURN, Appellant, v. STEVEN A. BURN, Respondent.

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

December 13, 2012.


The parties' 2003 separation agreement provided that in exchange for waiving her interest in certain distributable property, including defendant's retirement accounts and his interests in real property worth millions of dollars, plaintiff was to receive maintenance payments from defendant "until the death of the Wife or the death of the Husband." The agreement was incorporated by reference but not merged into the 2004 judgment of divorce. Plaintiff remarried in July 2011...

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