Ordered that the order is reversed, on the law, with costs, and the defendant's motion is dismissed without prejudice to commencement of a plenary action.
The parties entered into a stipulation of settlement in 1979, which survived and was not merged into a judgment of divorce in 1980. The stipulation provided that the defendant was to pay the monthly "mortgage payment" on the marital residence and that, when the residence was sold, he was to pay to the plaintiff...
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