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WALLACH v. HINCKLEY

12 A.D.3d 893 (2004)

785 N.Y.S.2d 147

ANNE T. WALLACH, Appellant, v. MARLI HINCKLEY, Individually and as Executor of RICHARD W. WALLACH, Deceased, Respondent, et al., Defendant.

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

November 18, 2004.

Mugglin, J.

In April 1988, during a period of temporary separation, plaintiff and her now deceased husband, Richard W. Wallach, entered into a postnuptial agreement which provides, in relevant part, that "so long as they live together as Husband and Wife, the Wife shall be named as a beneficiary of the Husband's pension plan and life insurance policies." It is undisputed that after plaintiff and Wallach signed the agreement, they resided together as husband and wife...

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