COLE v. HOOVER

166 CA 22-00969.

217 A.D.3d 1368 (2023)

190 N.Y.S.3d 534

2023 NY Slip Op 03103

Gwendolyn Cole, Appellant, v. Eddie L. Hoover, Respondent.

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

Decided June 9, 2023.


Attorney(s) appearing for the Case

McGRATH LAW FIRM, PLLC, KENMORE ( PETER McGRATH of counsel), FOR PLAINTIFF-APPELLANT.

TRONOLONE & SURGALLA, P.C., BUFFALO ( JOHN B. SURGALLA of counsel), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Peradotto, Lindley, Bannister and Ogden, JJ.


Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, J.), entered December 23, 2021. The order denied the motion of plaintiff for summary judgment on the first cause of action.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the judgment of divorce is vacated and judgment is granted in favor of plaintiff as follows:

It is adjudged and declared that the oral stipulation...

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