Goldfeder v. Queens County Savings Bank

— In an action to recover the proceeds of an account paid by the defendant bank to the third-party defendant, plaintiff appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated January 12, 1982, which reversed two orders of the Civil Court, Queens County, respectively granting plaintiff’s motion for summary judgment and denying defendant’s cross motion for summary judgment, reversed and vacated a judgment entered in favor of the plaintiff against the defendant in the sum of $6,124.60, denied plaintiff’s motion, granted defendant’s cross motion and thereupon dismissed the plaintiff’s complaint. Order affirmed, without costs or disbursements. In a separation agreement executed by the plaintiff and the third-party defendant, which was incorporated by reference but not merged into a judgment of divorce