Gottlieb v. Gottlieb

—In an action, inter alia, to recover *538damages for breach of an oral modification of the parties’ stipulation of settlement which was incorporated but not merged into the parties’ judgment of divorce, the plaintiff appeals from an order of the Supreme Court, Queens County (Milano, J.), dated July 13, 2001, which granted the defendant’s motion, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (4).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting that branch of the defendant’s motion…