Jay Mukherjee - Page 7

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              As indicated previously, the parties here disagree over                 
         whether petitioner’s obligation to pay the $55,000 to his former             
         wife would have survived the former wife’s death prior to                    
         petitioner’s effectuating payment of the $55,000 to her on August            
         1, 2000.  Petitioner concedes that the jury’s verdict does not               
         specifically state whether or not his payment obligation to his              
         former wife would terminate with her death.  Nonetheless,                    
         petitioner contends that, under Georgia law, his obligation to               
         pay the $55,000 to petitioner’s former wife would have terminated            
         upon his former wife’s death, because the $55,000 award is                   
         periodic alimony.  He argues that if the jury intended the                   
         payment obligation to be nonterminable, the jury’s verdict should            
         have instead specifically referred to the $55,000 award as a                 
         property settlement.  Petitioner also maintains that construing              
         the $55,000 to be “lump sum alimony”, under Georgia law,                     
         conflicts with the jury’s other finding awarding to his former               
         wife nothing from him as an equitable property distribution.                 
              Respondent, on the other hand, contends that the $55,000 is             
         “lump sum alimony” under Georgia law, and that petitioner’s                  
         obligation to pay her the $55,000 would not have terminated with             
         his former wife’s death.  We agree with respondent.                          
              Contrary to petitioner’s argument, the jury’s verdict                   
         specifically referred to and described the $55,000 award to be               
         paid petitioner’s former wife as “lump sum alimony”.  In                     
         accordance with the verdict, in its July 17, 2000, Final                     
         Judgment, the Georgia Superior Court required petitioner pay her             





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