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Woodworth v. Woodworth

135 A.D.2d 1143, 523 N.Y.S.2d 997, 1987 N.Y. App. Div. LEXIS 53013
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 18, 1987
StatusPublished
Cited by5 cases

This text of 135 A.D.2d 1143 (Woodworth v. Woodworth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodworth v. Woodworth, 135 A.D.2d 1143, 523 N.Y.S.2d 997, 1987 N.Y. App. Div. LEXIS 53013 (N.Y. Ct. App. 1987).

Opinion

— 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 plaintiffs 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 AD2d 581; Miller v Nationwide Mut. Fire Ins. Co., 92 [1144]*1144AD2d 723). (Appeal from judgment of Supreme Court, Onondaga County, Donovan, J. — declaratory judgment.) Present— Dillon, P. J., Green, Pine, Balio and Lawton, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
135 A.D.2d 1143, 523 N.Y.S.2d 997, 1987 N.Y. App. Div. LEXIS 53013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodworth-v-woodworth-nyappdiv-1987.