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BERGER v. BERGER

81 A.D.2d 650 (1981)

Vincent G. Berger, Jr., Respondent, v. Marie D. Berger, Appellant

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

April 27, 1981

Order reversed, with $50 costs and disbursements, and matter remitted to Special Term for an immediate hearing in accordance herewith.

Under the circumstances of this case and in view of the serious nature of defendant's allegations concerning the negotiation and execution of the stipulation of settlement, it was improper for Special Term to have denied her motion on conflicting affidavits without conducting an evidentiary hearing (see Pisano v Pisano,

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