Tumminello v. Tumminello

Appellate Division of the Supreme Court of New York

Tumminello v. Tumminello

204 A.D.2d 1067, 614 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 6750

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1994·Published·Cited by 24 cases

Opinion

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We conclude that the record supports the court’s declaration that the parties’ post-marital agreement is null and void. Because this is a declaratory judgment action, the court erred in dismissing the complaint. We modify the judgment appealed from, therefore, by vacating the second decretal paragraph. (Appeal from Judgment of Supreme Court, Nassau County, Segal, J.—Declaratory Judgment.) Present—Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.

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—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We conclude that the record supports the court’s declaration that the parties’ post-marital agreement is null and void. Because this is a declaratory judgment action, the court erred in dismissing the complaint. We modify the judgment appealed from, therefore, by vacating the second decretal paragraph. (Appeal from Judgment of Supreme Court, Nassau County, Segal, J.—Declaratory Judgment.) Present—Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.

Tumminello v. Tumminello, 204 A.D.2d 1067, 614 N.Y.S.2d 963, 1994 N.Y. App. Div. LEXIS 6750 (N.Y. Ct. App. 1994).

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