LOURIE v. MISHKIN


279 A.D. 754 (1951)

Lillian Lourie, as Executrix of Celia Mishkin, Deceased, Appellant, v. Morris Mishkin, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 10, 1951.


Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs.

A general denial of an allegation of due performance is insufficient to raise an issue under present rule 92 of the Rules of Civil Practice. Under the terms of the separation agreement, the weekly payments were to continue during the lifetime of plaintiff's testatrix. The $25,000 deposited by defendant was as security and was not to be the limit of the weekly payments...

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