Kurtz v. Johnson

In a matrimonial action in which the parties were divorced by judgment entered May 2, 2005, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered September 26, 2007, as granted that branch of the plaintiffs motion which was to compel compliance with a provision of the parties’ stipulation of settlement made in open court, which was incorporated but not merged into the judgment of divorce.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the parties’…