Woodworth v. Woodworth

Appellate Division of the Supreme Court of New York

Woodworth v. Woodworth

135 A.D.2d 1143, 523 N.Y.S.2d 997, 1987 N.Y. App. Div. LEXIS 53013

Appellate Division of the Supreme Court of the State of New York·Decided December 18, 1987·Published·Cited by 5 cases

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] AD2d 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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— 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] AD2d 723). (Appeal from judgment of Supreme Court, Onondaga County, Donovan, J. — declaratory judgment.) Present— Dillon, P. J., Green, Pine, Balio and Lawton, JJ.

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).

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Opinion

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