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DENISON v. POZSONYI

1294, 156362/12.

139 A.D.3d 618 (2016)

30 N.Y.S.3d 856

2016 NY Slip Op 04126

MARK C. DENISON, as Executor and Beneficiary of the Estate of ERIKA POZSONYI, Deceased, Appellant, v. ANTHONY POZSONYI, Respondent, et al., Defendants.

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

Decided May 31, 2016.

Plaintiff, the widower of decedent, failed to challenge the asserted conflict between the provisions of the separation agreement between Pozsonyi and decedent and his right of election before the motion court and thus, his challenge is unpreserved. In any event, former spouses may enforce a separation agreement even at the expense of the widower's right of election (see Wagner v Wagner, 58 A.D.2d 7

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