¶ Order reversed insofar as appealed from, on the law, with costs payable by respondent personally, defendant's motion for summary judgment denied, plaintiffs' cross motion for summary judgment granted, and matter remitted to the Surrogate's Court, Richmond County, for further proceedings consistent herewith.
¶ On June 24, 1980, defendant and his now deceased wife entered into a separation agreement providing that, upon the sale of the marital residence...
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