Woodworth v. Woodworth, 135 A.D.2d 1143

— Judgment unanimously reversed on the law without costs and motion dismissed, in accordance with the following memorandum: In this action for a declaratory judgment, it was error for Special Term to grant plaintiffs motion for summary judgment and thereby determine the meaning of a provision in a separation agreement. This motion was premature because no complaint had been served (see, CPLR 3212 [a]; Republic Natl. Bank v Luis Winston, Inc., 107 AD2d 581; Miller v Nationwide Mut. Fire Ins. Co., 92 AD2d 723). (Appeal from judgment of Supreme Court, Onondaga County, Donovan, J. — declaratory judgment.) Present— Dillon, P. J., Green, Pine, Balio and Lawton, JJ.

Case Details

Case Name: Woodworth v. Woodworth

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 18, 1987

Citations: 135 A.D.2d 1143; 523 N.Y.S.2d 997; 1987 N.Y. App. Div. LEXIS 53013

Court Abbreviation: N.Y. App. Div.