O'CONNOR v. Zeldin

Plaintiff appeals from a judgment dismissing her complaint for breach of contract and conversion. We reverse and remand.

This is the latest in a series of cases having their genesis in a dissolution proceeding brought in 1987. In that proceeding, defendant and his wife, Nora, stipulated to a property settlement but, before the dissolution judgment could be entered, Nora died and defendant refused to abide by the terms of the property settlement. Plaintiff, the personal representative of Nora’s estate, first instituted a declaratory judgment action seeking a declaration that the settlement…