GOTTLIEB v. GOTTLIEB


294 A.D.2d 537 (2002)

742 N.Y.S.2d 873

MELVIN M. GOTTLIEB, Appellant, v. CAROL J. GOTTLIEB, Respondent.

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

Decided May 28, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting that branch of the defendant's motion which was to dismiss the complaint based upon the pendency of an action in the Family Court, Queens County, to recover alimony arrears. The plaintiff seeks, inter alia, reformation of the parties' stipulation of settlement which was incorporated but not merged into the parties'...

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