Opinion
2002-01322
Argued September 26, 2002.
October 21, 2002.
In a matrimonial action in which the parties were divorced by judgment dated February 28, 1998, the defendant former husband appeals from an order of the Supreme Court, Suffolk County (Leis, J.), dated January 4, 2002, which denied his motion for summary judgment dismissing the plaintiff former wife's post-judgment claim to enforce stated portions of the parties' stipulation of settlement.
Philip A. Greenberg, P.C., New York, N.Y., for appellant.
Frederick Klarer, Melville, N.Y., for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion based upon its finding that he failed to establish his entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Cincotta v. City of New York, 292 A.D.2d 558; Berkey v. Emma, 291 A.D.2d 517).
FEUERSTEIN, J.P., SMITH, GOLDSTEIN and LUCIANO, JJ., concur.