Nagel v. Nagel

Order, Supreme Court, Bronx County (Ellen Gesmer, J.), entered August 29, 2007, which denied defendant’s motion for summary judgment directing the sale of the parties’ former marital residence and the payment to her of $100,000 from the proceeds of same, implicitly awarding plaintiff summary judgment on the issue, unanimously modified, on the law, to vacate the award of summary judgment to plaintiff, and otherwise affirmed, without costs, and the matter remanded for further proceedings consistent herewith.

At issue is whether the following provision of the oral stipulation incorporated in the…