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MONDELLO v. MONDELLO

178 A.D.2d 587 (1991)

Joann A. Mondello, Respondent, v. Rodney J. Mondello et al., Defendants, and Dime Savings Bank of New York, FSB, Appellant

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

December 23, 1991

Ordered that the order is affirmed, with costs.

The plaintiff and the defendant Rodney James Mondello entered into a stipulation of settlement of a divorce action, which was incorporated by reference, but not merged, in a judgment of divorce entered November 25, 1987, in the Supreme Court, Westchester County. That agreement provided, with reference to the marital residence, in pertinent part: "Plaintiff [wife] will execute a deed to the premises in favor of [the husband...

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