DRAKE v. MUNDRICK

1010 CA 15-01022.

144 A.D.3d 1661 (2016)

2016 NY Slip Op 07792

41 N.Y.S.3d 826

DEBORAH DRAKE, Appellant-Respondent, v. RICHARD MUNDRICK, Respondent-Appellant.

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

Decided November 18, 2016.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: On September 12, 2011, plaintiff commenced this action for equitable distribution following the issuance of an amended foreign judgment of divorce. Before the nonjury trial commenced, Supreme Court informed the parties that the court...

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