In a Decision – Crossken v. Crossken, , (an Unpublished Opinion) >> the Court Held:
The Appellate Division reversed the Trial Court determination that denied a Motion to enforce a Divorce Agreement providing for distribution of Individual Retirement Account and proceeds of sale of real estate. The Appellate Division determined that the parties filed conflicting certifications concerning their intent and the appropriate interpretation of the provisions and a plenary hearing was required to resolve the conflict.
The Divorce Agreement provided for distribution of plaintiff's IRA and the distribution of the proceeds of the sale of two properties in which plaintiff had an ownership interest. Defendant filed a motion to enforce those provisions with a supporting certification and asserted plaintiff had misrepresented the values of the two properties during the Divorce Agreement negotiations and then sold them at a drastically reduced price and she was entitled to one-half the value of the IRA. Plaintiff filed a competing certification asserting plaintiff should have known the original asking price was overstated and he was entitled to his premarital contribution to the IRA before the rest was distributed.