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MARSHALL v. MARSHALL

52 A.D.2d 841 (1976)

Karen Marshall, Respondent, v. Gordon Marshall, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 3, 1976

Order reversed, without costs or disbursements, and case remanded to Special Term for a hearing to determine the intent of the parties in entering into the stipulation.

It was improper for Special Term to, in effect, materially alter the settlement reached by the parties on the basis of the court's personal recollection of the settlement negotiations (see Matter of Dolgin Eldert Corp., 31 N.Y.2d 1; Shapiro v Danzig

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