Tumminello v. Tumminello

Full title: FRANK TUMMINELLO, Appellant, v. ANNIE TUMMINELLO, Respondent

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

Date published: May 27, 1994

204 A.D.2d 1067 (N.Y. App. Div. 1994)

614 N.Y.S.2d 963

Opinion

May 27, 1994

Appeal from the Supreme Court, Nassau County, Segal, J.

Present — Pine, J.P., Lawton, Wesley, Callahan and Davis, JJ.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We conclude that the record supports the court's declaration that the parties' post-marital agreement is null and void. Because this is a declaratory judgment action, the court erred in dismissing the complaint. We modify the judgment appealed from, therefore, by vacating the second decretal paragraph.