James v. James

—Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: The parties were married in December 1961. In May 1991, plaintiff commenced this action for separation on the ground of cruel and inhuman treatment. On the first day of trial, the parties placed a stipulation on the record in open court disposing of all contested issues including custody, spousal support, responsibility for education expenses of the children and counsel fees. The stipulation did not address equitable distribution.…