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ROBERT CHUDICK, respondent, v. WENDY MORAN CHUDICK, appellant.

ORDERED that the judgment is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

As part of their settlement agreement, the parties agreed that the defendant would purchase the plaintiff's interest in the marital premises. However, the agreement was ambiguous as to both the amount of this interest and how payments were to be made. Thus, the Supreme Court improperly provided for such terms in the judgment. Because the agreement is ambiguous, a hearing must be held to determine the parties' intent as to the terms of the transfer of the plaintiff's interest in the marital premises to the defendant (see, Matter of Perry v. Knab, 231 A.D.2d 854; Stukalin v. Stukalin, 147 A.D.2d 632; see also, Gentry v. Stevens, 145 A.D.2d 532).

O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.

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CHUDICK v. CHUDICK
(Oct 22, 2001)