Woodworth v. Woodworth
| Decision Date | 18 December 1987 |
| Parties | Judith E. WOODWORTH, Respondent, v. Richard C. WOODWORTH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Richard C. Woodworth, pro se. Meggesto, Paquette & Badera by Pam Eisenberg, Syracuse, for respondent.
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 plaintiff's 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 Nat. Bank of New York v. Luis Winston, Inc., 107 A.D.2d 581, 483 N.Y.S.2d 311; Miller v. Nationwide Mut. Fire Ins. Co., 92 A.D.2d 723, 461 N.Y.S.2d 128). (Appeal from Judgment of Supreme Court, Onondaga County, Donovan, J.--Declaratory Judgment.)
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