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Simon v. Simon

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2002
298 A.D.2d 515 (N.Y. App. Div. 2002)

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.


Summaries of

Simon v. Simon

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 2002
298 A.D.2d 515 (N.Y. App. Div. 2002)
Case details for

Simon v. Simon

Case Details

Full title:ELLEN SIMON, respondent, v. STEVE SIMON, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 2002

Citations

298 A.D.2d 515 (N.Y. App. Div. 2002)
748 N.Y.S.2d 872