Smulevitz v. Smulevitz

*753The Supreme Court properly granted that branch of the defendant’s cross motion which was for summary judgment dismissing the complaint in this action, in which the plaintiff seeks to reform a stipulation of settlement, entered into by the parties in connection with their divorce action, which did not provide for the equitable distribution of the defendant’s pension plan. The defendant made a prima facie showing of entitlement to judgment as a matter of law and, in opposition, the plaintiff failed to raise a triable issue of fact as to a mutual mistake relating to the value of the pension plan…