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NAGEL v. NAGEL

5369, 3451/95.

85 A.D.3d 559 (2011)

926 N.Y.S.2d 413

2011 NY Slip Op 5201

ROBERT NAGEL, Respondent, v. METTE NAGEL, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2011.

On a prior appeal in this matter (Nagel v Nagel, 52 A.D.3d 258 [2008]), we determined that while Supreme Court correctly denied defendant's motion for summary judgment, it incorrectly found that a particular provision of the parties' oral stipulation was unambiguous. Accordingly, we remanded the matter for further proceedings consistent with our opinion.

The subject provision provides as follows: "[I]n the event the marital...

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