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FINEBERG v. FINEBERG

136 A.D.2d 931 (1988)

Phyllis E. Fineberg, Appellant, v. Lewis H. Fineberg, Respondent

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

January 29, 1988

Order unanimously reversed on the law without costs, and defendant's motion denied, in accordance with the following memorandum: Plaintiff commenced an action to vacate certain oral and written stipulations of settlement and to vacate the divorce decree into which the stipulations were incorporated, but not merged. Special Term erred in granting defendant's motion for summary judgment because issue had not been joined (CPLR 3212...

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