Practice point: In a matrimonial action, a postjudgment motion is not the proper vehicle for challenging the propriety of child support provisions in a stipulation of settlement incorporated but not merged into a judgment of divorce.
Students should note that the challenge must be made by the commencement of a separate plenary action to set aside the stipulation.
The case is Brody v. Brody, NY Slip Op 01782 (2d Dept. 2011).
Tomorrow's issue is summary judgment.
