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 plaintiff's 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.,
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WOODWORTH v. WOODWORTH
135 A.D.2d 1143 (1987)
Judith E. Woodworth, Respondent, v. Richard C. Woodworth, Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
December 18, 1987
December 18, 1987
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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