Arquiette v. Arquiette

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Plaintiff appeals from that portion of an order which set aside the parties’ stipulation concerning distribution of the marital residence and which modified the judgment of divorce to delete a stay upon the distribution of a pension. Although the record supports the court’s finding that plaintiff had failed to disclose a material fact concerning such property, it was error for the court to set aside the distribution without making a…