Neumark v. Neumark

In an action brought by motion for summary judgment in lieu of complaint to recover a sum representing the difference between the sum paid by the plaintiff former husband to the defendant former wife pursuant to a judgment of divorce and the lesser sum allegedly due after the modification of the judgment on appeal, the plaintiff *715appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered August 2, 1995, which denied the motion.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion and substituting therefor a provision…