Fineberg v. Fineberg

—Order unanimously reversed on the law without costs, and defendant’s motion denied, in accordance with the following memorandum: Plaintiff commenced an action to vacate certain oral and written stipulations of settlement and to vacate the divorce decree into which the stipulations were *932incorporated, but not merged. Special Term erred in granting defendant’s motion for summary judgment because issue had not been joined (CPLR 3212 [a]; Woodworth v Woodworth, 135 AD2d 1143; Republic Natl. Bank v Luis Winston, Inc., 107 AD2d 581, 582; Miller v Nationwide Mut. Fire Ins. Co., 92 AD2d 723, 724;…