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NUSBAUM v. NUSBAUM

280 A.D. 315 (1952)

Dorothy Nusbaum, Appellant, v. Joseph H. Nusbaum, Respondent

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

June 17, 1952.

Attorney(s) appearing for the Case

Ralph Montgomery Arkush of counsel (Sidney Usoskin with him on the brief; Ralph Montgomery Arkush, attorney), for appellant.

Jules H. Enrich of counsel (Hays Wolf Schwabacher Sklar & Epstein, attorneys), for respondent.

PECK, P. J., COHN and BERGAN, JJ., concur.

VAN VOORHIS, J.

The second amended complaint was properly dismissed by the order appealed from, upon the ground that the cause of action is barred by the Statute of Limitations. The action has been brought by a wife to set aside as improvident a separation agreement entered into on June 21, 1939. The parties were married in 1926. The wife alleges that defendant husband earned from $20,000 to $25,000 when the...

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