Marshall v. Marshall

In an action in which a judgment of divorce was entered, certain provisions of which were based upon a stipulation between the parties, defendant appeals from an order of the Supreme Court, Westchester County, dated June 23, 1975, which granted plaintiff’s motion to resettle that judgment. Order reversed, without costs or disbursements, and case remanded to Special Term for a hearing to determine the intent of the parties in entering into the stipulation. It was improper for Special Term to, in effect, materially alter the settlement reached by the parties on the basis of the court’s personal…