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New York Law - Personal Injury Cash as a payment from personal injuries is the separate property of the person who was injured. Section 236.B.1.d.2. Cases: Dolan (1991) 577 NYS2d 195 (Husband was a sanitation worker for a municipality. He injured his back when he fell from the truck. He retired on an ordinary disability pension. His pension reflected both length of service as well as injury. The court teased apart the two portions of his pension and concluded that about 48% was compensation and 52% was for personal injury. The court awarded half of the compensation portion to the wife. The personal injury portion was not shared.)
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