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Woodworth v. Woodworth

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1143 (N.Y. App. Div. 1987)

Opinion

December 18, 1987

Appeal from the Supreme Court, Onondaga County, Donovan, J.

Present — Dillon, P.J., Green, Pine, Balio and Lawton, JJ.


Judgment unanimously reversed on the law without costs and motion dismissed, in accordance with the following memorandum: In this action for a declaratory judgment, it was error for Special Term to grant plaintiff's motion for summary judgment and thereby determine the meaning of a provision in a separation agreement. This motion was premature because no complaint had been served (see, CPLR 3212 [a]; Republic Natl. Bank v Luis Winston, Inc., 107 A.D.2d 581; Miller v Nationwide Mut. Fire Ins. Co., 92 A.D.2d 723).


Summaries of

Woodworth v. Woodworth

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1143 (N.Y. App. Div. 1987)
Case details for

Woodworth v. Woodworth

Case Details

Full title:JUDITH E. WOODWORTH, Respondent, v. RICHARD C. WOODWORTH, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 18, 1987

Citations

135 A.D.2d 1143 (N.Y. App. Div. 1987)

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