Theresa S. v. Karel S.

OPINION OF THE COURT

Elrich A. Eastman, J.

Petitioner, Theresa S., seeks to enforce a judgment of divorce entered in the Supreme Court, New York County, on January 6, 1983 incorporating by reference an oral stipulation, dated November 29, 1982 providing for payment of $3,500 to the petitioner. Payment of the said sum was to be made in two installments of $1,000 plus $50 per month for 30 months. Respondent made the first payment of $1,000, then defaulted.

Respondent now moves to dismiss this proceeding on the grounds that this court lacks subject matter jurisdiction, since this lump-sum payment…